SC Dismisses Plea Challenging Provisions Criminalising Personal Consumption Of Drugs
Recently the Supreme Court has dismissed the petition against the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
- The petition sought to make personal consumption of drugs (narcotics) non-criminal under the NDPS Act.
- The petitioner had claimed that criminalizing the consumption of drugs encourages social stigma. It also hinders the treatment of health issues related to the use of drugs.
- Further, the Karnataka High Court had recently observed that the NDPS Act does not mention cannabis as a prohibited drink or a prohibited drug anywhere.
- The NDPS Act is the main law relating to narcotics and their trafficking.
- Different provisions of the Act penalize the production, manufacture, sale, possession, consumption, purchase, carrying and consumption of prohibited intoxicants etc.
- Medical and scientific purposes have been exempted from these restrictions.
- The Act authorizes the Central Government to take necessary measures for the identification, treatment, post-treatment care, rehabilitation and preventive education of the addicted person.
- The Narcotics Control Bureau (NCB) has been constituted to coordinate all activities related to the administration and enforcement of the NDPS Act.
Other concerns related to the NDPS Act:
- Most of the cases are registered against those who are consuming drugs rather than those involved in the illegal sale of narcotics.
- There is no provision for compulsory treatment of addicts under this Act.
- Offenses involving drug consumption are unclear.
Source- The Hindu
