A discussion on NDPS Act 1985

SSR suicide and the fallout involving the arrest of Ms Rhea Chakroborty, summons to other starlets is now in the air. In this context here are a few answers based on the extant law of the land, which would help us form matured public opinions.

1.   Is consuming drug illegal?

Ans: Yes. The Narcotic Drugs and Psychotropic Substances Act, 1985 (here after NDPS Act 1985) governs laws related to Psychotropic Drugs.

Section 22 of the above Act talks about Punishment for contravention in relation to psychotropic substances. It states: Any person who contravenes any provision of this Act or any rule or order made or condition of license granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, export inter-State, or uses any psychotropic substance shall be punishable with rigorous imprisonment for a term which shall not be less than ten year but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

2.   To be imprisoned should a person be caught with substance on hand?

Ans: It would need judicial scrutiny. However, the law gives wide ranging power to the law enforcers. As per NDPS Act 1985 Section 32 (Punishment for offence for which no punishment is provided): Any person who contravenes any provision of this Act or any rule or order made, or any condition of any license, permit or authorization issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

3.   Is video evidence equivalent to being caught with substance on hand?

Ans: This will have to be decided by the court. However, it seems the accused persons have little escape routes if the ruling dispensation is hell bent on getting even.

4.   Is small quantity drug consumption ok?

Ans: No, not OK.

Sec 27 of NDPS Act 1985 talks about the Punishment for illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance.

It states: Any person who contravenes any provision of this Act, or any rule or order made or permit issued thereunder, possesses in a small quantity, any narcotic drug or psychotropic substance, which is proved to have been intended for his personal consumption and not for sale or distribution, or consumes any narcotic drug or psychotropic substance, shall, notwithstanding anything contained in this Chapter, be punishable:

? where the narcotic drug or psychotropic substance possessed or consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government, by notification in the Official Gazette, with imprisonment for a term which may extend to one year or with fine or with both; and

? where the narcotic drug or psychotropic substance possessed or consumed is other than those specified in or under the previous point, with imprisonment for a term which may extend to six months or with fine or with both.

For the purposes of this section "small quantity" means such quantity as may be specified by the Central Government by notification in the Official Gazette. If a person is found to be in possession of a small quantity of a narcotic drug or psychotropic substance, the burden of proving that it was intended for the personal consumption of such person and not for sale or distribution, shall lie on such person.

5.   What about Bhang?

Bhang (Hindi: ????) is an edible preparation of cannabis originating from the Indian subcontinent. It has been used in food and drink as early as 1000 BC in ancient India. Bhang is traditionally distributed during the spring festival of Holi. Bhang is mainly used in bhang shops, which sell the cannabis-infused Indian drinks bhang lassi and bhang thandai.

Source: Wikipedia

Bhang has not been mentioned once in the NDPS Act 1985. However, Cannabis has been mentioned 42 times! Bhang is used very widely in India. So, if we make very strict interpretations: Most of us are criminals under this Act!

Disclaimer: I have never knowingly tasted Bhang. Yet, the practice is so prevalent in some temples that one wouldn't know and consume Bhang as prasad in special occasions.

Last words:

Bihar's top cop, who is a prime actor in these controversies, is planning to contest the upcoming Bihar elections. That's certainly a cause for concern as it was when Tarun Gogoi joined the parliament immediately after demitting the high office of CJ of Supreme Court.

We need to rise up and acquaint ourselves with these laws. It's really unfortunate if all this hoopla is being created for mere political gains by unscrupulous politicians and compliant bureaucrats.