Assent 29th december, 2000 commencement 29th december, 2000 part i preliminary 1. Since then act was amended thrice 1988, 2001 and 2014. Ndps act what supreme court said about assessing the. Under the ndps act, it is illegal for a person to producemanufacturecultivate. Criminal laws amendment act, 20 and ndps act, 2014 and lecture on criminal revisional and appellate powers of sessions judges in order to provide a platform to the judicial officers to get a clear understanding of the provisions of the criminal amendment act, 20 and narcotic drugs and psychotropic substances. Ndps act has made stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances.
Introduction ndps act, as it is known popularly, is meant to face a very important social problem. In the narcotic drugs and psychotropic substances rules, 1985, in schedule i, under subheading ii psychotropic substances, for item 4 and entries relating thereto, the following shall be substituted, namely. Narcotic drugs and psychotropic substances act, 1985 wikipedia. The amending act of 2001 rationalised the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences, the addicts and those who commit less serious. The code of criminal procedure amendment act,2005 27.
The narcotic drugs and psychotropic substances amendment. Conveyancing amendment building management statements bill 2001 act no, 2001 an act to amend the conveyancing act 1919 in relation to the management of buildings subdivided by plans registered under that act, and for other purposes. The narcotic drugs and psychotropic substances act, 1985. The opportunity arose in early 2012, when an unrelated amendment bill of the ndps act was returned by a parliamentary committee to the finance ministry, with instructions to reorient the clauses in conformation with the international conventions. The act has been amended three times in 1988, 2001, and most recently in. Criminal laws amendment act, 20 and ndps act, 2014. Substituted by act of the narcotic drugs and psychotropic substances amendment act, 2001,w.
The acquisition of certain area at ayodhya act, 1993. A reassessment of the act in 2001 resulted in amendments relating to the. Amendments in narcotic drugs and psychotropic substances. Ndps act forbids production, manufacturing, cultivation, selling, possession, purchase. The ndps act has since been amended thrice in 1988, 2001 and 2014. The narcotic drugs and psychotropic substances act, 1985, commonly referred to as the ndps act. There have been 4 amendments to the act, in 1988, 2001, 2011 and 2014. The narcotic drugs and psychotropic substances amendment act, 2001 is the continuation of the parent act, the narcotic drugs and psychotropic substances act, 1985 which was enacted by the parliament to comply with international legal instruments to prevent the manufacture and utilization of narcotic drugs and other psychotropic substances. About europe pmc funders joining europe pmc governance roadmap outreach. Read all news including political news, current affairs and news headlines online on ndps act amendments. The act is designed to fulfill indias treaty obligations under the single convention on narcotic drugs, convention on psychotropic substances, and united nations convention against illicit traffic in narcotic drugs and psychotropic substances. Advocate appears in baniyan before hc, court directs advocates should maintain decorum in proceedings via video conference. It punishes contravention of any provision of the act or any rule or order made, for manufacturing, possessing, sale, purchase, transport and imports and exports inter state any psychotropic substance.
This act was amended once in 1989 and subseqnetly in 2001. Narcotic drugs and psychotropic substances act, 1985 61 of 1985, the central government hereby makes following amendment to the notification of the government of india, ministry of finance, department of revenue, published in the gazette of india, extraordinary, part ii, section 3, subsection. It is proposed to rectify those anomalies and make certain further changes to strengthen the provisions of the act. The narcotic drugs and psychotropic substances ndps act was passed in 1985 in a bid to criminalize the cultivation, possession of narcotic drugs. Administrative tribunals amendment act, 2006 administratorsgeneral amendment act, 1999 advocates act, 1961 advocates welfare fund act, 2001 air force act, 1950 antiquities and art treasures act, 1972 antiquities and art treasures rules, 1973 appeal to the appellate authority rules, 2004. Power of entry, search, seizure and arrest without warrant or authorisation.
Current status of the narcotic drugs and psychotropic substances ndps act. Notwithstanding anything contained in the indian evidence act, 1872 1 of 1872 or the code of criminal procedure, 1973 2 of 1974, every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under subsection 2 and certified by the. The ndps amendment act, 2001 hereinafter referred to as the amendment act introduced certain changes. The only reason for the amendment in the year 2001 was that all preparations in the ndps act, as originally enacted, were uniformly punishable. Central government to take measures for preventing and combating.
Act was further amended in form of prevention of illicit traffic in narcotic drugs recent amendment i. The observations of this court in nallamilli case 2001 7 scc 708 would apply to such a case. Be it enacted by parliament in the sixtyfifth year of the. The article focuses chiefly on the ndps act which was introduced in 1985 and then subsequently amended three times in 1989, 2001. The academy of scientific and innovative research act, 2011. Pil in sc against illegal opening of certain offices amid lockdown. Section 52a in the narcotic drugs and psychotropic. Get all the latest news and updates on ndps act amendments only on.
In this article, pramit bhattacharya, student, damodaram sanjivayya national law university, visakhapatnam, writes about the drug policy followed by india. Narcotic drugs and psychotropic substances act, 1985 3 1viia commercial quantity, in relation to narcotic drugs and psychotropic substances, means any. Be it enacted by parliament in the fifty second year of the republic of india as follows. Therefore, it is proposed to rationalise the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences, the addicts zand those who commit less serious offences are sentenced to less severe. The amendments were finally adopted in 2001, to grade punishment35 on the basis of the quantity of drugs involved that is, small,36 commercial37 or intermediate. Ndps amendment act, 2001 is yet another legislative. This act may be cited as the international business companies act. The major drug laws of india are the narcotic drugs and psychotropic substances act 1985. State of west bengal,2 the full bench of kolkata high court upheld the constitutional validity of the amendment act of ndps act, 2001 and observed the amendments made to the narcotic drugs and psychotropic substances act, in 2001. An act further to amend the narcotic drugs and psychotropic substances.
Substances amendment act, 2001 certain anomalies have been noticed. About europe pmc funders joining europe pmc governance roadmap. On a bare reading of the statement of objects and reasons, it cannot be said that the intention of the legislature was to consider the actual content by weight of the offending drug for the purpose of determining whether it would constitute small. Be it enacted by parliament in the sixtyfifth year of the republic of india as follows. Narcotic drugs and psychotropic substances act, 1985. Conveyancing amendment building management statements act 2001 no 9 amendments schedule 1 page 5 b such information relating to the statement and any amendment of it as the registrargeneral considers appropriate. Conveyancing amendment building management statements. Ndps amendment act, 2001 statement of objects and reasons. Other than those permitted under this act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes, 5 inserted by ndps amendment act, 2001, ww.
The same is evident from the statement of objects and reasons of a 2001 amendment to the ndps act. The narcotic drugs and psychotropic substances act, 1985 page 1 introduction chapter i preliminary sections 1. In the said act, in the schedule, after serial number 110 x and the entries relating thereto, the following serial number and entries shall be inserted, namely. The act has been amended three times in 1988, 2001, and most recently in 2014. Power to add to or omit from the list of psychotropic substances chapter ii authorities and officers 4. The narcotic drugas and psychotropic substances medind. International business companies an act to provide for the incorporation, registration and operation of international business companies. This section was included in the ndps act via the 2001 amendment.
This is also one of the special acts that has come before the courts very frequently and having a large number of conflicting judgments confusing the general public. Sentencing policy for drug offenders under the ndps act annual national seminar on working of the ndps courts in india national judicial academy, bhopal 14 august 2016 tripti tandon advocate and deputy director lawyers collective. The narcotic drugs and psychotropic substances amendment act. An act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 1, to provide for the forfeiture of property derived from, or used in, illicit traffic. Civil societydriven drug policy reform for health and. The ndps act 1985 consolidated and amended the then existing laws. The aadhaar targeted delivery of financial and other subsidies, benefits and services act, 2016. The narcotic drugs and psychotropic substances amendment act, 2014 act no. The latest amendment of the ndps act in 2014 has included methadone as an. Enforcement of the narcotic drugs and psychotropic. Thresholds were specified by the central government through a notification dated 19 october 2001. Charges were framed in the instant case under section 20biic of the act.
During the implementation of the narcotic drugs and psychotropic substances amendment act, 2001 certain anomalies have been noticed. Punishment for contravention in relation to manufactured drugs and preparations. The narcotic drugs and psychotropic substances act 1985. The narcotic drugs and psychotropic substances ndps act came into force on november 14, 1985.
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