Drug abuse and illicit trafficking a critical analysis of the law and enforcement in India

Abstract

The Narcotic Drugs and Psychotropic Substances Act, 1985 prescribes stringent minimum punishment of rigorous imprisonment for ten years and a fine of Rs.One lakh, for most of the drug offences. In 1989, the Act was amended so as to provide also for the imposition of death sentence for some of the repeat offences. The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 was enacted for the purposes of preventive detention of persons indulging in illicit trafficking in drugs. In spite of all these measures, drug abuse and illicit trafficking is constantly on the increase. This study aims at investigating the reasons behind the apparent failure of law and its enforcement to check the onslaught of illicit drugs. Methodology The research methodology adopted for the present investigation included : (i) Study of all available books, journals and research monographs on the subject in the libraries at Calcutta, Delhi, Guwahati and Shillong; (ii) Interviews with the enforcement officials in Police, Customs, Central Excise, Revenue Intelligence and Narcotice Control Bureau, at Calcutta, Delhi, Guwahati, Imphal and Shillong; (iii) Study of judgements of High Courts and the Supreme Court, relating to drug offences, as reported during January, 1987 to April, 1993; (iv) Interviews with legal practitioners, teachers and social workers; (v) Study of newspaper reports on the subject in major English dailies during January, 1987 to July, 1993; (vi) Visit to the Central Jail, Imphal, housing about 800 addicts, for the purposes of interviewing such addicts as well as the jail staff handling them; (vii) Interviews with medical practitioners and psychiatrists engaged in the treatment of addicts, at Shillong, Imphal, Calcutta and New Delhi; and a visit to Divine Light Rehabilitation and After-care Centre, Imphal. Conclusions The following major conclusions are reached after the investigation of the problem : 1. The number of addicts in the country is above 25 lakhs at present. Easy availability of...