Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act)
According to the recent Punjab and Haryana High Court, the forensic report under the NDPS Act is the major basis of the cases concerned.
In a significant observation, the High Court held that in the absence of a forensic report, the entire prosecution case would become baseless.
About Narcotic Drugs and Psychotropic Substances Act, 1985: NDPS Act:
- The NDPS Act penalizes possession, purchase, sale, transport and consumption of a narcotic drug or psychotropic substance.
- The NDPS Act defines narcotic drug as coca leaf, cannabis, opium, poppy grass derivatives/concentrates and other narcotic drugs notified by the Central Government.
- It may be noted that any use of such substances for scientific or medicinal purposes is exempted from the rigors of the Act.
- The quantum of punishment depends on the amount of substances found.
- Under this Act, unless the accused proves his non-participation in the offence, the accused is deemed to have committed an offence.
- Every offense punishable under the NDPS Act is cognizable in nature, i.e. the authorities can arrest a person without warrant. It may be noted that bail cannot be sought as a matter of right under NDPS.
- An addict convicted of offenses relating to the consumption or small amount of a narcotic drug or psychotropic substance shall be exempt from prosecution on voluntarily de-addiction or engaging in de-addiction treatment.
Source – The Hindu
