Congruity of the Laws Governing Narcotic Drugs and Psychotropic Substances in India A Study

Abstract

In a country like India, the historical literature thereof contains several references to the use Cannabis. The NDPS Act was a result of pressing circumstances which demanded an Act to regulate the menace of drug trafficking in India. The data collected by the researcher of the State of Uttarakhand mirrors the nation-wide trend, i.e. the number of cases registered has been consistently increasing since the enactment of the Act despite having stringent penalties and punishments. The existing statutory provisions and mechanisms fail to make a distinction between the accused who themselves are users, in contrast to accused who are only drug peddlers and intend to profit. From the data collected and tabulated by the researcher as well as the answers obtained from the circulated questionnaire it can be concluded that the investigators training has a direct impact on the probability of conviction. The reason for final reports and acquittals is attributable towards poor quality investigations, critical errors in handling of evidence, violation of statutory safeguards in performing searches. While there are some gaping lacunas in the statutory laws, the Indian Judiciary has made sincere efforts to patch the same. The Police and other Investigating agencies have to be cognizant of the social stigma attached with an arrest of a drug user and their approach has to be compassionate, reformative and corrective. The international scene is witnessing a clear and growing acceptance towards the monitored and controlled use of psychedelics for personal consumption. It is time that India should also wake up to their potential. The research concludes that answer to bringing about a change in drug abuse lies in connecting emotionally with the drug user and building mutual trust which may ultimately lead to the psychological root cause of the reason for the addiction. At the end, the researcher puts forward suggestions in the form amendments in the law so as to curb the menace of offences related to NDPS. newline