CHAPTER 1

INTRODUCTION

“Addiction is a family disease..” “One person may use but the whole family
suffers.”

Shelly Lewis

Drug addiction has emerged as one of the most burning social problems of the contemporary
world. Drug addiction is a chronic relapsing disorder categorized by compulsion to take drugs
and loss of self control. The problem of the drug addiction has became a great menace in the
recent years, posing a grave challenge before all those who want to see the wellbeing of
society and social solidarity being kept intact. Drug obsession is conceptualized as victimless
crime1. The international community therefore has occupied steps by appointing
commissions; establishing funds; adopting several legal instruments in the form of
conventions; protocols and resolutions containing ideology and procedures to curb the
menace of drug abuse and the crimes resulting from illegal trafficking.

The dimensions of drug trafficking and Narco-terrorism, with their transnational networks,
have escalated to such a degree that security of state is endangered in many developing
countries which are under its effect. Terrorists use the drugs trade to purchase arms and
finance their revolutionary operations. The fabric of democracy is threatened by the
capability of powerful criminal groups to corrupt public officials and undermine the rule of
law. The global drug menace relates illicit drugs which contribute to increase in international
crime rate and huge exchange of money in different part of world. It is the most profitable
business, with profits higher than that of the entire oil industry and second only to the arms
trade. The important factors which force the growth of drug trafficking include political
instability, regional instability, ineffective central control, and global reach of the drug
syndicates and involvement of the state in illicit drug trafficking. The inter-linkages of drug
trafficking with corruption and terrorism are so strong that the three have supposed serious

1
Pardeep singh, “Drug Addiction: Etiology and Legal Regime”, Indian Bar review, vol.xxxiv 9, (1to4)2007,
The Bar Council Of India Trust, p.51.
proportions compelling the international community to wonder about over in search of
durable solutions.2

The narcotic drugs trade worldwide is approximate at US $500 billion, more than the GDP
(gross domestic product) of all but the seven richest countries of the world. Fifty percent of
the world`s illegal drugs are sold in the US and Europe. Such huge trade in drugs in the west
thrives on the unspoken cooperation of the concerned governments. Therefore, there is a need
to change and formulate joint operational strategies for detection and destruction of
production as well as distribution and consumption of narcotics.

Drug abuse in the modern decades has become the concern of every individual, community
and nation. Mankind no doubt has been using and abusing drugs right from the very
commencement but in the present century drug addiction has emerged as a cancer and has
brought within its fold almost all segments of the society. The technological revolution has
brought about far-reaching changes throughout the world and has reduced the entire world to
a global village. Knowledge explosion and technological revolution on one hand has brought
an overall development and bestowed on humanity all comforts, but on the other hand it has
engulfed mankind in misunderstanding and confusion and has made the youth to resort to
drugs.3

Humanity has always been looking for God in heaven and Doctors on earth to be the saviours
of life. The medical practitioners of today depend much and almost completely upon the
drugs, which are tool and mean to treat the people. However, now the drugs have actually
become the tools in the hands of highly located industrialists and have become the means of
profiteering. The actual efficacy of drugs, the mal administration and executive manoeuvring
lead to one result that drugs are not means of survival but a tool of profiteering and
experiments.

Drug addiction is also closely interrelated with crime. Compulsion for narcotic makes every
drug devotee a law violator and criminal. Mere possession of narcotic is also an offence
punishable under the law and therefore drug dependence by itself adds to the crime statistics.
The views on drug addiction given by US President “For too long we`ve viewed drug
addiction through the lens of criminal justice. The most important thing to do is reduce

2
Retrieved by www.elearningiliddelhi.org/ on 07/07/2015
3
Ibid
demand. And the only way to do that is to provide treatment to see it as a public health
problem and not a criminal problem4.”

American researches on relationship between drug addiction and crime have shown that
narcotic addicts often commit grasping crimes such as larceny, shop-lifting, stealing,
burglary, robbery etc. The drug addicts normally lead a criminal life. It is often noticed that
addicts of narcotic drugs mostly resort to theft to obtain money for procuring drugs.

The U.N Report on abuse of drugs has concluded that the relationship between drugs and
misery and crime compelled the governments to interfere in their use and sale. Global
statistics indicate that various parts of the world are drastically affected by drug hazard and
the problem has reached alarming dimensions particularly in Middle East, South-East Asia,
Eastern Europe, Canada, Mexico, U.S.A, Central America and Africa. Heroin which was
practically unknown in Africa is now extensively being used (abused) in Mauritius and
Nigeria, Ghana has also become a centre of drug abuse in recent years. Since Bolivia, Peru
and Columbia commonly known as Cocaine triad are largest cocaine producers in the world,
they are obviously the largest supplier of this narcotic to other parts of the world. In Brazil
also illicit drug trafficking has lately increased due to its extensive borders with Columbia,
Peru and Bolivia. It has now become the largest manufacturer of acetone and ethyl ether 5.

The constitution of India has not only promised life and liberty but also seeks to provide the
necessary primary health care and means to masses. The drugs must be considered to be of
utmost standard but this is only in terms of written provisions. Article 47 imposes upon the
state, the duty of raising the level of nutrition and standard of living of its people and
improvement of public health. In particular the state should bring about prohibition of
consumption of alcohol except for medicinal purposes. Not only the intoxicating drinks but
also drugs, which are injurious to health, should be done away with. In State of Maharashtra
and others V. Nagpur Distillers,6 a two Judge Bench of the Supreme Court took a serious note
of liquor addiction among the younger generation and urged the Government to work towards
gradually reducing the consumption of liquor. The Apex court directed that the goal of
prohibition of liquor as enshrined in Article 47 7 of the constitution casts a duty on the state at
least to reduce the consumption in the state gradually so that the objective of prohibition may
4
Robin David, “Times of India”, Chandigarh, June 26,2016
5
N. V. Paranjape , “Criminology and Penology”, Central Law Publications, Allahabad, 2008, p.193
6
2006(5) SCALE 77.
7
Narinder Kumar, “Constitutional Law of India”, Allahabad Law Agency, Haryana, 7th ed, 2007, p.475
be achieved during limited period of time. The court further observed that more and more of
the younger generation in this country is getting addicted to liquor. It has not only become a
fashion to consume liquor but it has become an obsession with very many youngsters. Surely
we do not need” indolent nation”. The court lamented as to why the states in the face of
Article 47 0f constitution of India should encourage unrestricted trade in liquor. Indeed, it is
something that it is difficult to appreciate. The only excuse for the state for not following the
mandate of Article 47 is that this trade generate huge revenue income and such revenue being
used for meeting the financial needs of the state.

MEANING OF DRUG

What is a Drug? The word drug has a variety of meanings, depending upon the surrounding
circumstances. August Weismann has observed that drug is any substance which by its
chemical nature effects the structure or functioning of living organism. Paul Fuqua8 has
pointed out that drug in its broader sense may be defined as any component, which effects the
functioning of the organism. Drugs may cause changes in both the bodily process and
behaviour .A drug means any chemical that modifies the function of living tissues resulting in
physiological or behavioural change. In the ordinary sense drug means any substance, other
than food, which is used to change the taste of an individual and has some direct or indirect
impact upon the overall behaviour of such a person .The impact of such drug may be either
physiological or psychological

Drug (French: Drogue- a dry herb) is the single active chemical entity present in a medicine
that is used for diagnosis, prevention, treatment/cure of a disease. This disease oriented
definition of drug does not include contraceptives or use of drugs for improvement of health.
WHO (1966) has given a more comprehensive definition ‘Drug is any substance or product
that is used or is intended to be used to modify or explore physiological systems or
pathological states for the benefit of the recipient.9

Drugs are normally used as medicines to help patients cope with mental illness like
depression, insomnia and so on. But when drugs are taken for a purpose other than their
normal clinical use in an amount, concentration or frequency that impairs one`s physical,

8
Paul Fuqua, Drugs Abuse; Investigation and Control, (1978), p.7.
9
K.N.Bhatia,M.P.Tyagi, “Trueman`s Biology”, Trueman Book Company, Jalandhar, vol II, 2014, p.60
physiological and psychological functions, it constitutes drug abuse. The term ‘abuse’ with
respect to drug means

(i) non-medical use

(ii) non-prescribed use and

(iii) use for having pleasure

A person, who takes a drug for a non-medical use is called drug abuser and drugs are
called habituating drugs or addictive drugs.10

TYPES OF DRUG :-

PSYCHOTROPI
C
PSYCHEDELIC

1) PSYCHOTROPIC DRUGS :-

 Tranquillizers

 Sedative and Hypnotics

 Opiate/Opioid Narcotics

 Stimulants

2) PSYCHEDELIC DRUGS :-
10
Ibid
  LSD(Lysergic Acid Diethylamide)

 Cannabinoids

 Datura and Belladona

 Psilocybine

 Mescaline

 Synthetic Hallucinogens

The habituating drugs are of two main types: psychotropic drugs and psychedelic drugs

A) Psychotropic (GK. Psyche -mind, soul; trope=a turning) Drugs

These are mood alternating drugs which affect behaviour and mental activity of a person.
Psychotropic drugs are classified into four major groups: tranquillizers, sedative and
hypnotics, opiate narcotics and stimulants.

1. Tranquillizers. They decrease tension and anxiety and produce a feeling of calmness
without sedating and inducing sleep. Tranquillizers are of two types.

(i)Phenothiazines (major Tranquilizers) these are antipsychotic drugs which have

good effect in all types of psychosis, especially schizophrenia. In a psychotic patient,
these drugs reduce aggressiveness. Thought and behaviour are gradually normalised
and anxiety is relieved. Examples are Chlorpromazine and Reserpine, etc11.

(ii)Benzodiazepines, Chlordiazepoxide, the first benzodiazepine (a Minor

Tranquilizers)ever known was synthesised by Dr. Leo Sternbach in the year 1955. It
was marketed under the trade name ‘Librium’ and was prescribed for anxiety. Several
other drugs in the benzodiazepine family were synthesised by the researchers while
determining the chemical structure of chlordiazepoxide. Diazepam, a drug of this
group was found to be much more potent, which was marketed (under the trade name
‘Valium’) as a treatment for anxiety 12. These drugs are used for anxiety and phobic

11
K. N. Bhatia, M. P .Tyagi, “Trueman`s Biology”, Trueman Book Company, Jalandhar, vol II, 2014, p.61.
12
M.C. Mehanathan, “Law of control on Narcotic Drugs and Psychotropic Substances”, Capital Law House,
Delhi, 2002, p. 15.
 conditions. Benzodiazepine is parent compound for the synthesis of many drugs such
as

Diazepam(e.g.Valium,calmpose),Flurazepam,Temazepam,Triazolamand,Midazolam,
Oxazepam and Alprazolam Clonazepam etc. Benzodiazepines (BZDs) are main
antianxiety drugs. BZDs hasten sleep, reduce intermittent awakening and increase
total sleep time. They produce skeletal muscle relaxation without disturbing voluntary
activity.

2. Sedative and Hypnotics. Sedative is a drug that reduces excitement, assuage pain
and lowers the physiological or functional activity leading to drowsiness or sleep.
Hypnotic is also a drug that induces sleep. Sedative and hypnotics are more or less
general CNS depressants. Sedative and hypnotics include Barbiturates and
Benzodiazepines.

(i)Barbiturates are derived from barbituric acid, a chemical discovered in 1863 by

Adolph Von Baeyer. Fisher and Joseph Von Mering synthesised barbital from
barbituric acid. It is a hypnotic that can induce sleep 13. These are synthetic drugs
which are derivatives of barbituric acid. Barbiturates are general depressants for all
excitable cells but the CNS is most sensitive to these drugs .These is taken to reduce
anxiety and induce sleep. They are popularly called sleeping pills .Continuous use of
the drug results in permanent damage to brain. Sudden withdrawal causes epilepsy.
Example: Phenobarbitone and Mephobarbitone. Barbiturates when taken along with
alcohol, cause dramatically increased depressant effects. Barbiturates are not
preferred these days.

(ii) Benzodiazepines (BZDs) These are antianxiety as well as sedative drugs and have
been described (1) earlier.

3. Opiate/Opioid Narcotics. The drugs derived from opium along with their synthetic
relatives are called opiates or opioids. The drug that relieves pain by acting on the
CNS is termed as analgesic (pain killer). Opioids bind to specific opioid receptors
present in our central nervous system and gastrointestinal tract. They are also called
Pain Killers. Opium is dried latex of unripe capsular fruits of poppy plant Papaver

13
M.C. Mehanathan, “Law of control on Narcotic Drugs and Psychotropic Substances”, Capital Law House,
Delhi, 2002, p.14
 somniferum. It is reddish- brown in colour. It has heavy smell and bitter taste. It is
eaten or smoked. Opiates have narcotic, astringent (that cause contraction of body
parts), and sedative effect. The slow down respiratory activity, cause constriction of
pupil of eye, decrease glandular secretions, impair the digestion, produce nausea,
vomiting and sterility. The opium addict loses weight, fertility and interest in work.

The invention of the hypodermic needle in the mid-nineteen century, however,

increased the number of addicts because it allowed opioids to be delivered directly
into the bloodstream, thereby dramatically increasing their effect. 14The term opioid is
derived from the word opium, in medical science; it is used for relieving pain.
However it comes with the addictive properties and physiological effects of opium,
and is hence a problem if taken in large number. 1.2% adults hooked to opioids in
Punjab, reveals AIIMS study.15

OPIUM DERIVATIVE Opium contains about 20 alkaloid of opium. Main

derivatives of opium are morphine and codeine.

(i) Morphine. It is the active principal alkaloid of opium. Its chemical formula is
C17H19 NO3. It was isolated Serturner in 1805 and named it ‘morphine’ after
Greek God of dreams Morpheus. It is the principal opium alkaloid. It is a
strong analgesic. It also has sedative and calming effect. The person lacks the
initiative and is unable to concentrate. Morphine depresses respiratory centre.
It contributes to fall in BP. 16 It also causes bradycardia (slow heart beat).
Morphine can release ADH and reduce urine output. Constipation is a
prominent feature of morphine action. Morphine is a very effective sedative
and painkiller. Morphine causes mild hyperglycaemia. It causes addiction.
Diacetylmorphine hydrochloride is brown sugar / smack is more powerful
analgesic than morphine. It is very useful in patients who have undergone
surgery. However, its continued use causes dependence.

(ii) Codeine. It is also derivative of opium. It is used for the relief of mild to
moderate pain and in treating cough. The pharmacological profile of codeine
is comparable to that of morphine. Tolerance to codeine develops much as

14
B.K Sharma, “A Treatise on economic and social offences”, Jain Book Agency, New Delhi, 2010, p. 90
15
Shimona Kanwar, AIIMS study, The Times of India, Chandigarh, June 10, 2016
16
K. N. Bhatia, M. P. Tyagi, “Trueman`s Biology”, Trueman Book Company, Jalandhar, vol II, 2014, p.62
 with morphine. Qualitatively, codeine and morphine have similar physical
dependence-producing properties. Dihydrocodeine, a derivative of codeine, is
a more potent analgesic. Pholocodine, another derivative of codeine is used in
cough syrups. Codeine in combination with glutethimide or carisoprodal are
available in the illicit market 17. In fact it methyl morphine which occurs
naturally in opium and is partly converted in the body to morphine. It is mild
analgesic. It does not cause addiction. It is ingredient of many medicines and
cough syrups. Its prominent side effect is constipation.

(iii) Heroin (Diamorphine or Diacetylmorphine). Heroin, chemically

known as diacetyl-morphine was synthesised from morphine in the year 1874
by C.R, Wright, a british chemist. Heinrich Dreser resynthesised it in the year
1898. It was marketed as an effective cough suppressant. 18 It is about 3 times
more potent than morphine. Because of its high potency, it has been favoured
in illicit drug trafficking. Hence it has been banned in many countries. Its
chemical formula is C 17 H17 (OC 2 H3O) 2ON. It is formed from morphine by
acetylation. It is highly addictive and, therefore, considered most dangerous
opiate. Heroin is taken orally, or inhaled or injected. Heroin is depressant and
slow down the body functioning. Pure drug is seldom taken. It induces
drowsiness and lethargy. It’s after effects include indigestion, reduced vision,
decrease weight, sterility and total loss of interest in work. As heroin addicts
are careless about syringes and needles for injection so this may cause blood
poisoning, abscess formation, hepatitis-B and AIDS. Withdrawal symptoms
of heroin include diarrhoea, vomiting, shivering, and epilepsy.

(iv)Smack. It is a crude by-product of heroin synthesis and is commonly called

“Brown Sugar”. Being cheap, it is considered “poor man’s heroin”. A smack
is stronger analgesic than morphine19.

(v) Pethidine(Meperidine). Pethidine is said to be the first wholly synthetic

opioid. As an analgesic it is very effective. It produces almost the same

17
M.C. Mehanathan, “Law of control on Narcotic Drugs and Psychotropic Substances”, Capital Law House,
Delhi, 2002, p.11.
18
Ibid
19
K.N. Bhatia, M.P. Tyagi, “Trueman`s Biology”, Trueman Book Company, Jalandhar,vol II, 2014, p. 62.
 degree of psychic and physical dependence and tolerance as of morphine. 20
Although it is chemically unrelated to morphine yet it has many similar
actions. Its analgesic efficiency is near to morphine and is more than codeine.
It is equally sedative euphoriant. It causes less histamine release and is safer
in asthmatics. It has local anaesthetic action. It is metabolized in liver.

(vi)Methadone. Its action is slightly stronger and longer than that of morphine to
morphine. Its analgesic, respiratory depressant, constipating actions similar to
morphine. Withdrawal symptoms are mild.

4. Stimulants. These drugs stimulate the nervous system; make a person more wakeful,
active and alert, and cause excitement. However addiction is psychological and
withdrawal of stimulant is followed by depression, anxiety and restlessness.

The principal stimulants are as follows:-

(i) Caffeine. Chemically, caffeine is 1, 3, 7 Trimethylxanthine. Its chemical

formula is C8H10H 4C 2. It is a white crystal bitter in alkaloid obtained from the
leaves of tea plant, Thea sinensis of family Theaceae a shrub, of cocoa plant,
Theobroma cacao of family Sterculiaceae a tree yielding cocoa and
chocolate. It is mild stimulant and taken as beverages- tea, coffee, cocoa and
cold drinks. Caffeine is CNS stimulant. It provides a sense of well being,
alertness, beats boredom, thinking becomes clear, improves performance. It
acts as cardiac and respiratory stimulant. It increases contractile power of
skeletal muscles. It increases BMR (Basal Metabolic Rate). It inhibits the
release of histamine. Higher doses of caffeine cause nervousness,
restlessness, panic, insomnia and excitement. Excessive intake of caffeine
also causes addiction indigestion and disturbs renal functions21.

(ii) Cocaine. It is natural coca alkaloid obtained from leaves of coca plant-
Erythroxylon caca a South American plant growing on the foot hills of
Andes. Its chemical formula is C 17H 21 NO 4. Cocaine is commonly called
coke or crack. Some cocaine-containing substances were being used by

20
M.C. Mehanathan, “Law of control on Narcotic Drugs and Psychotropic Substances”, Capital Law House,
Delhi, p.13.
21
K.N. Bhatia, M.P. Tyagi, “Trueman`s Biology”, Trueman Book Company, Jalandhar, vol II, 2014, p. 63.
 natives of Andes Mountains in Peru for over 3000years. Before the extraction
of cocaine from the coca plant, the leaves of coca plant were chewed by the
people of Peru and other South American countries 22. It is bitter, white,
crystalline powder and called snow, sniff, crack, coke, princess, big C. It has
vasoconstrictor properties and therefore, is a good local anaesthetic. It is
taken by snorting. It is powerful CNS stimulant. It induces sense of well
being and pleasure and delays fatigue. It increases heart beat, blood pressure
and body temperature. It is smoked or injected or inhaled by addicts. It
causes lack of sleep and loss of appetite. Its overdoses cause headache,
convulsions, insomnia, respiratory or cardiac failure may lead to mental
disorder. Excessive dosage of cocaine causes hallucinations.

(iii) Crack. It is derivative of cocaine. When it is smoked, it produces

results within 10 seconds. Crack is relatively cheap but extremely addictive.
It can cause heart and mental problems.

(iv)Betelnut. It is mild CNS stimulants. It stains teeth gum red. Kernel of the
betelnut palm Areca Catechu, enclosed in betal leaves and mixed with an
aromatic paste is chewed in Africa and India. It contains an arecoline
(C8H13NO 2) and red tannin.

(v) Amphetamines. They are synthetic drugs. They are commonly called pep
pills, anti sleep pills or supermen as they are CNS stimulants. Its chemical
formula is C6 H5 CH2 CH (NH2) CH3. They cause alertness, self -confidence,
talkativeness and increased work capacity. They stimulate respiratory centre.
They cause wakefulness and postponement of sleep and hence called anti
sleep drugs. Since metabolism of amphetamines is slow, the drug is found in
urine for several days. It is one of the drugs included in the dope test for
athletes. They do not remove fatigue. They suppress hunger (anorexia) and
cause addiction. High doses of amphetamines produce euphoria, marked
excitement, sleeplessness which may progress mental confusion. After
effects include nausea and vomiting23.

22
M.C. Mehanathan, “Law of control on Narcotic Drugs and Psychotropic Substances”, Capital Law House,
Delhi, 2002, p.16.
23
K.N. Bhatia, M.P. Tyagi, “Trueman`s Biology”, Trueman Book Company, Jalandhar, vol II, 2014, p. 64.
B) Psychedelic Drugs (= Hallucinogens)

These drugs change one`s behaviour, thoughts, feelings and perceptions without any
actual sensory stimulus. The hallucinogens, in general produce a dream-line state with the
disorientation and loss of contact with reality without any true sensory stimulus. They cause
hallucinations and often make users of see sound and hear colour. These are also called vision
producing drugs as they produce false imaginations or extreme feeling of either despair or
euphoria by effecting cerebrum and sense organs. They include chemicals such as LSD
(Lysergic acid diethylamide), Mescaline, psilocybin and products of hemp plant. Cocaine and
amphetamines are also capable of producing hallucinations.

Natural Hallucinogens

1) LSD (Lysergic acid diethylamide).It is the most powerful psychedelic.

(Hallucinogen) It is a crystalline amidated alkaloid obtains from ergot. An extract got
from fruiting body of fungus body of fungus claviceps purpurea that is parasite on
Rye plant. It is always smoked. LSD was synthesized by Hoffman’s (1938). It causes
horrible dreams, emotional outburst, hallucination chronic psychosis and severe
damage to the central nervous system. It also brings about chromosomal and foetal
abnormalities. An LSD addict can be easily recognised from incoherence in writing
and drawing. The Psychological effects of the drug are variable. There are changes in
perception, affecting all the senses, in particular vision. Stationary objects appear to
move and change shape. There may be a crossing-over of perception. In such a
situation sounds are seen and colours are heard. Flashbacks occar days or even
months after the intake.24

2) Mescaline

It is a white powdery alkaloid; obtain from the tops (called mescals) of a small
spineless cactus, lophophora williamsii, native to the SW United States and Northern
Mexico. This cactus is also called Peyote Cactus it is also low potency hallucinogen.

3) Psilocybine

24
M.C. Mehanathan, “Law of control on Narcotic Drugs and Psychotropic Substances”, Capital Law House,
Delhi, 2002, p.19.
 It is obtained from the fruiting bodies of Mexican mushroom (fungus) psilocybe
Mexicana (Family Agaricaceae) .Psilocybine is a crystalline solid that may have value
in psychological medicine. Its effects are similar to those of mescaline.

4) Cannabinoids (Products of Hemp Plant)

Hallucinogenic chemicals obtained from leaves, resin and inflorescence of hemp

plant, Cannabis Sativa (Cannabis indica) are called Cannabinoids.25

There are four types of hallucinogenic products

(i) Bhang. It is fresh/dried leaves and flowering shoots of both male and female
plants of cannabis sativa. Bhang is generally taken orally (e.g. drink or in the
form of pakora or tikki). It acts slowly.

(ii) Ganja. It is the dried unfertilized female inflorescence of cannabis savita. It is

smoked generally in cigarettes. It is more potent. Its effects are produced
almost instantaneously.

(iii) Charas. It is dried resinous extract from flowering tops and leaves of cannabis
sativa. It is most potent and smoked with tobacco. In some countries like
America, charas is called hashish. Resin is obtained from the plant. The active
principle in resin is THC, i.e., 9-tetrahydrocannabinol. It gives temporary
feeling of well being and happiness.

(iv) Marijuana. This is obtained from the dried flowers and top leaves of the
female plants cannabis sativa. The most active ingredient of marijuana
cigarette contains 0.5 to 1 gram of plant material. Although the usual THC
concentration varies between 5 and 20 mg, concentration as high as 100 mg
per cigarette has been detected. Marijuana may cause psychosis.

Products of Hemp plants raise the blood sugar level and increase the frequency
of urination. They are relatively less harmful but regular intake of these
products may lead to heroin like addiction. They bring about a state of well
being (euphoria), excitement, sometimes uncontrolled laughter and dilation of
pupil of eyes. They are very harmful if taken along with alcohol.

25
K.N. Bhatia, M.P. Tyagi, “Trueman`s Biology”, Trueman Book Company, Jalandhar, vol II, 2014, p. 65.
 These days Cannabinoids are also being abused by some sport persons.

(v) Datura and Belladona. Seeds of datura stramonium and aerial parts of Atropa
belladona are misused for their hallucinogenic properties.

Synthetic Hallucinogens

(i) PCP (Phencyclidine Piper dine). PCP known as ‘angel dust’ or ‘elephant
tranquilizer’ was synthesised in 1950s as an intravenous anesthetic named
Serynl(derived from the word serenity). In its pure form, it is white crystalline
powder that readily dissolves in water. It first appeared as a street drug in the year
196726.It is widely used in veterinary medicine to briefly immobilize large animals.
PCP is available to addicts as angel dust (white granular powder). It has stimulant,
depressant, hallucinogenic and analgesic properties. Higher dose of PCP may
produce hyper salivation, vomiting, fever and even coma.

(ii) Methylenedioxy Methamphetamine (MDMA). MDMA has CNS-excitant

and hallucinogenic properties. It increases communication. MDMA has become
popular in students under the name ‘ecstasy27’.

Above given are the types of drugs but out these main drugs which have been abused
are: - Heroin, Opium, Morphine, Marijuana etc.

Reasons for Drug Abuse: -

(1) Curiosity. Reference of drugs in print media, electronic media and description by
addicts creates curiosity for having a personal experience.

(2) Family History. Repeated use of drug by a parent, elder or family member in
front of younger ones, induces the latter to taste the same.

(3) Peer Pressure. Friends and peer groups often initiate new comers to drug
addiction, generally for the sake of company.

26
M.C. Mehanathan, “Law of control on Narcotic Drugs and Psychotropic Substances”, Capital Law House,
Delhi, 2002, p.19.
27
K.N. Bhatia, M.P. Tyagi, “Trueman`s Biology”, Trueman Book Company, Jalandhar, vol II, 2014, p. 66.
 (4) Depression. Set-back in academic, professional and family life my lead some
persons to drug abuse for overcoming their frustration and depression.

(5) Relief from pain. Repeated use of pain-killers may lead to their addiction.

(6) Excitement. Some youngsters take to drugs in order to open up a new world of
perception. The false feeling of pleasure, excitement and euphoria and for sake of
adventure leads to drug addiction28.

(7) Desire to do more work. Some persons fall in the trap of drugs for enhancing
their physical and mental capabilities, e.g., anabolic steroids by sports persons,
amphetamine by students and drivers.

(8) Independence. Non adjustment to social hierarchy may initiate some persons to
drugs for defiance of authority and feeling of independence. Because of the
absence of smell, drug abuse remains undetected except for abnormal behaviour
of addict. Easy, accessibility to drugs due to personal or family profession can trap
for initiation to drug addiction.

However, drug addiction does not occur in achievers, satisfied, happy and adjusted persons. It
is found in person under stress and insecurity facing problems, and failures disappointments.
They take to addiction to assume imaginary personality. If the problems are regularly
discussed with family members, friends, elders, stress and sense of non achievement will
vanish because problems and stresses are normal, so are failures and disappointments29.

As long as we continue to create societies that are unjust, immoral or insecure, there would be
enough deport deviates and rebels to control drug abuse phenomenon. Thus the struggle
against drug abuse must be viewed as long term perspective has to be fought at various level-
legal, medical, socio, cultural and political. India, on its part, has from time to time taken
legislative initiatives to curb the drug menace in all its dimensions. In the pre independence
period, it was Opium Act 1867, The Opium Act 1878, The Dangerous Drugs Act 1930, The
Drugs and Cosmetics Act 1940. In the post - independence legislative history of India, on its
part, the Narcotic Drugs and Psychotropic substances Act, 1985(in short NDPS Act) turns to
be milestone towards the direction of curbing drug menace. This Act strengthens existing
penalty particularly in the areas of trafficking offences.
28
K.N. Bhatia, K. Bhatia, “Biology”, S. Dinesh & Co., Jalandhar, Vol.III, 2014, p.487.
29
Ibid
Illicit Drug Trafficking

Illicit drug trafficking is so complex in nature that it involves a large variety of drugs from
many sources throughout the world. It not only violates national drug laws and international
conventions but also involves several other allied activities such racketeering, conspiracy,
bribery and corruption tax-evasion, illegal money transactions violation of export and import
laws, crimes of violence as well as terrorism 30. A large range of illegal and criminal activities
mainly associated with illegal drug trafficking causes a threat to law enforcement agencies
throughout the world. Considering the increasing the demand and consumption of liquor,
opium, heroin etc and huge profit in their illicit trafficking, the legislative control measures
have not been able to countenance the menace, because big tycoons and drug syndicates
having international linkage are involved in this illegal trade. Even in earlier period of 1980`s
women were involved in drugs. A item; housewives in drugs trafficking by Prasanta Kumar
Bose reported in amrita bazaar patrika dated Aril 18, 1987 reports that housewives from
Many respectable families in south Kolkata were actively involved in drug trafficking. They
however, do this without the knowledge of their husbands who were all well placed. These
women’s were not drug addicts; they just act as a links in ring involving the peddlers and the
users who were mostly in their mid-terms.

In the Indian context, the geographical location of this country is most situated to the
unabated inflow of drugs and illicit drug products by sea and land route from all sides. Iran,
Afghanistan and Pakistan which are largest producer of opium, manufacture Heroine from it
and same is smuggled into India 31. So is also the case with North-East neighbouring
Countries namely Burma, Thailand and Laos. The State of Bihar provides entry-route for
Ganja from Nepal. Quite large quantity of opium and Cannabis are being illicitly cultivated
within India itself, besides the licensed cultivation for medical purposes 32. All these factors
cumulatively provide a fertile ground for illicit drug trafficking both within and outside the
country. In India large amount of illicit drugs were smuggled from Pakistan every year.
Globalisation and Liberalisation of economies have aggravated the global phenomenon of
increase in drug abuse and drug trafficking. Advancements in Communication, information
technology and transportation have made it possible information, services, goods and people
to reach across the borders in an extraordinarily high speed. Drugs and money generated from

30
N.V. Paranjape, “Criminology and Penology”, Central Law Publication, Allahabad, 2008, p.191.
31
Ibid
32
S.V. Joga Rao, “Law & policy on Drug Trafficking --A Phenomelogical Study”, 1993, p.56.
drug trafficking are moved by innovative methods. Use of internet for the nefarious activities
of drug abuse and drug trafficking makes the task of enforcement agencies further
difficult.33The illicit cultivation of narcotic plants and the illicit processing of drugs have an
adverse effect on the environment. Cultivation of narcotic plants and processing of drugs are
carried out in remote places. These practices endanger precious flora and fauna, thus causing
ecological imbalance.34

One of recent incident of Ferozepur Border where Two Pakistani smugglers were gunned
down and another was captured with two Indian accomplices and 15-kilogram Heroin worth
75 Crore, beside arms and ammunition past Saturday midnight in the Abohar sector. The
Fazilka Police and Border Security Force were part of the joint operation. Based on a secret
input that the smugglers would try to sneak in through the sawana outpost about 20
kilometres from fazilka. Around half past midnight on Saturday, the ambush party observed
some movement on the zero line between boundry pillars 268/3s and 268/435s. Border
Security Force recover 120Kg Heroin from starting to this year upto june 2016.

A countrywide operation celled ‘Kal Bhairav’ was launched by the Government of India on
24 December 1985 against drug trafficking. International Day against Drug Abuse and
Illicit Trafficking: - June 26. Law enforcement agencies searched 135 premises, including
seized 85,983 Kg of cocaine and 15.7 tonnes of ganja. Psychotropic substances, including
10,500 capsules of diazepam and 243 grams of mescaline were also seized. This was the first
time that the departments of Revenue Intelligence, Customs and Central Exercise and the
state police undertook the massive operation involving the coordinated action. Three Afghan
refugees allegedly operating as links to the international narcotic smuggling gang were
arrested by the Delhi police with 20kgs of Brown heroin valued at Rs 9 Crores. It was
reported that 610 people, including 18 foreign nationals had been arrested into this operation.

The new drug policy announced recently has not been able to control the drug abuse. The
policy has no control on proliferation of irrational drugs. The multinationals with their
extensive marketing network, now given a free hand, one can expect that these irrational
drugs will in fact multiply. The NDPS Act has some technical difficulties and irregularities.

33
M.C. Mehanathan, “Law of control on Narcotic Drugs and Psychotropic Substances”, Capital Law House,
Delhi, 2002, p.1.
34
Ibid
35
Gaurav sagar, “Hindustan Times”, Jalandhar, June13, 2016
So we have to think before hand as how much to check the drug menace so that the future of
country is safe.

Drug Menace in Punjab

The Drug Addiction in the state of Punjab is spreading like Cancer and is eating away a vital
component of human resources36. It is a very serious problem for the future of Punjabi
Society, for this it needs to be understood comprehensively. In the whole process various
stakeholders are involved. On a high Narcotics Related Arrests in Punjab, in 2014 there
were more than 3500 drugs related arrests in Punjab the highest in the country. The state was
followed by U.P, Kerala and West Bengal. It is noticeable that the majority of arrests in
Punjab involved Heroin, while in other States, most of the arrests were linked with Ganja
(cannabis) often considered a soft narcotic. 37Therefore to comprehend reality, an attempt was
made to learn the roles of all the stakeholders. Broadly there are two main categories of
people and institutions (Social, economic, political and legal) involved in the process. They
may be classified as victims and beneficiaries. Victims include drug addicts, their families
and the community. Beneficiaries include smugglers, peddlers, police, doctors, chemist,
political leaders and others who are directly or indirectly involved in the process. As far as
the drug use is concerned accordance to region are Bhuki is used mainly in Malwa and use of
Alcohol is more in Majha and Doaba. Synthetic drugs are used mainly in Amritsar Rural
followed by Jalandhar. Addicts say Drug, though costlier is still easily available in Doaba
Region and the common name for Heroin in Punjab is “Chitta”.38 Synthetic drugs are
popular among youth. Majority of the drug addicts takes three or more doses and frequency
of drug use is higher among ruralities, Sikhs and muslims, Scheduled Castes, Married ,Lower
income groups, Less educated and those living in Single, Nuclear and Smaller Families.
Sources of Drugs are the Chemist shops and peddlers are the main sources of drugs to the
addicts. Shops are the main source for the urbanites and peddlers for the ruralites. Most of
them buy drugs from their own income, but most of the unemployed get money from their
parents. Now due to coming election in Punjab and the controversy on the film Udta Punjab

36
Ranvinder Singh Sandhu, “Drug Addiction in Punjab”, Guru Nanak Dev University, Amritsar, p.115.
37
The Times of India, Chandigarh, June 17, 2016, p-5
38
IP Singh, The Times of India, Chandigarh ,June 13,2016, P-5
also high light the Drug problem of the state. On which may contradictory statement made by
various political parties over it.

On the issue of Drug Menace in the Punjab, views by Capt Amarinder Singh, Punjab
Congress President, “Akalis are identified with drugs. Now they have added the Synthetic
Feather, the Chitta , on their blue turbans Akalis Know what will be the fate of the drug
peddler once I form the Government Congress Government will adopt Zero Tolerance
towards Drugs”.39

The few of the important reports by which we able to understand the problem of drug
addiction in State of Punjab

1) Drug Menace Dharna lead by Rahul Gandhi on June 13. 40This dharna is given in
Jalandhar city against the one of the biggest problem of the Drugs menace in Punjab.

2) In 2 yrs, jail meant death for 174 Punjab addicts. 41 This is the no. Death of prisoners
in the jail in last 2 yrs charged under the offence of NDPS Act.

3) 1.2% adults hooked to Opioids in Punjab, reveals AIIMS study.42

4) Dead addict`s dad send message to PM in shroud. The aim is to raise voice against
the evil of drugs before PM to save the life’s of the several youth who are drug
43
addicted or whom life are spoil due to this evil.

5) Drug flooded poll campaign; CEC rang alarm bells to PM.44

6) Drug use in Punjab union home minister admitted it`s a problem. This statement given
by the Kiren Rijiju, union home minister that the drug addiction is affecting the youth
in Punjab and 51 Govt. employees facing charges under the NDPS Act 45

39
Hindustan Times, Jalandhar , June 12,2016
40
The Indian Express, Chandigarh, June 11, 2016
41
Navjeevan Gopal, The Indian Express, Chandigarh, June 10, 2016
42
Shimona kanwar, The Times of India, Chandigarh, June 10, 2016
43
Rohan Dua, The Times of India, Chandigarh, June 16, 2016
44
The Indian Express, Chandigarh, June 11, 2016
45
Vibhor Mohan, The Times of India, Chandigarh, June 13,2016
Statement of the Problem

Drug abuse is social evil which adversely affects the economic growth of the country because
this is trade which generates large unaccounted money, by adopting of several means of
money laundering. The money generated is used for various purposes including anti-national
and terrorist activities even trading in arms and ammunition. Unfortunately, the kingpins and
the carriers of these drugs at the international and national level are concerned with only large
undue financial gains and not with massive ill effects of use of drugs on society. The Narcotic
Drug Trafficking are also increased due to significant development of the communication
systems and means of transportation. The ease with which drugs can be smuggled due to their
small bulk, and the huge profit involved in their smuggling attract organised criminal
organizations to indulge in drug trafficking. Drug abuse and the consequent drug trafficking
result in a wide range of offences . The foremost among them is the drug law contravention.
The other categories of offences include contraventions that are the result of the
pharmacological effects of the drugs consumed, predatory or acquisitive offences committed
by drug abusers such as robbery and theft committed to support their drug habit and
incidental crimes linked to drug trafficking such as intimidation, corruption, terrorism, bank
frauds, dealing in arms and ammunition etc.

India has long recognised the problems of drug trafficking. The Opium Act of 1857 and of
1878 and the Dangerous Drugs Act, 1930 manifest the same. As a result of experience gained
on account of India`s participation in various international conventions and realising gravity
of the problem and the need to enact laws in tune with times, The Narcotic Drugs and
Psychotropic Substances Act, 1985 was passed by Indian Parliament as a comprehensive
legislation on narcotics, providing for stringent and long term prison sentences and heavy
fines for offenders. Under this act offender includes the cultivator, supplier, seller as well as
the drug consumer. Bail provisions are made very stringent and minimum sentence is Ten
year. Despite these measures, the crime is on rise. The enforcement of the NDPS Act for over
a decade has brought severe criticism against the effectiveness of the Act. Acquittals, under
the Act have been one of the highest under any criminal law in the country. Due to wrong
interpretation of the provisions of the Act also frustrate the purpose of controlling illicit drug
trafficking in India.

Objective of the Study

  This research work is a unique attempt to point out the pitfalls of the investigating
agencies, in view of latest trends in the judicial appreciation on the subject.

 The object of the study is to find out as how deeply this problem is embedded in
our Indian society and as to how widespread is the use of illegal drugs.

 The present study brings within its fold, the reasons for acquittal in N. D. P. S.
Cases.

 The magnitude of drug laws has been dealt with a comparative analysis.

 An attempt is also made to point out the drawbacks in our legislation and
procedural lapses with which the criminal go scot-free.

 The main motivating idea is to suggest some positive measures on the basis of
finding of study.

Scope of the study

The scope of the present study is very wide. The Study includes the drug laws made before
the present Act or recent NDPS Act in it. The International Conventions of 1961 and 1971 on
Drug Laws have also been covered under the research. The attitude of SAARC (South Asian
Association for Regional Cooperation) countries towards drug abuse and drug trafficking has
also been studied. Besides, discussing the loopholes in the present laws, suggestions have
also been made to change the present legislation.

Hypothesis

The hypothesis of this study is:

The act has been enacted to make stringent provisions for the control and regulation of
operation relating to Narcotic Drugs and Psychotropic substances to provide for deterrent
punishment including forfeiture of property. The Central Government is charged with the
duty of talking all such measures as it deems necessary or expedient for preventing and
combating the abuse of NDPS and the menace of illicit traffic therein.

The enforcement of the NDPS Act for over decade has brought severe criticism against the
effectiveness of the Act. Acquittals under the Act have been one of the highest under any
criminal law in the country. Due to wrong interpretation of the provisions of the Act like
Non- Compliance of provisions of the act, Violation of provisions of Act, Link Evidence
missing, Contradiction in statement of witnesses, No Independent Witness joined etc. the
Acquittal rates increasing. The N. D. P. S, Act is unable to achieve its objectives.

Research Methodology

This research work is mainly explanatory and diagnostic. In the accomplishment of this study
the researcher has used the Doctrinal Method of research which includes the use of both
primary and secondary sources. The Primary sources include Constitution of India, Statutory
provisions of the Narcotic and Psychotropic Substances Act and the secondary data viz.,
books, journals, magazines, newspapers law reporters apart from these researchers has also
collected matter from AIR, Cr. L. Reporter, RCR (Cri) and other journals. The researcher has
visited the courts and collected the material related to it.

Research Questions

Following research questions were asked:

1. Is the present system of Investigation of NDPS cases is proper?

2. What are the main reasons for the increase of drug use and abuse in Indian society?

3. What are the main reasons for acquittal?

4. Whether the punishment prescribed under NDPS Act is sufficient or not?

5. Are the consent provisions relating to search of person being faithfully carried by
police?

6. Does the Evidence Act require any modifications relating to NDPS cases?

7. What steps should be taken by competent authority to make Act more effective?

8. What suggestions would you suggest to make Act more effective?

Literature Review

The present study is based on historical analytical and descriptive methods. The Literature
resources for analysis has been collected from various sources such as Statutes, Journals,
Books, Magazines, Newspapers, Articles, discussions, reports, international instrument etc.
The literature relating to Drug Trafficking or Drug Abuse, the traditional and historical
perspective, international document, convention, covenants, protocols, treaties, conferences
in relation to the national scenario, government policies and schemes have been studied in
detail.

 “Commentary on Law of Drugs “ by S.N. Katju’s in which author stated the important
features of new Drug law of the country. The Narcotic Drugs and Psychotropic
Substances Act, 1985 provides deterrent punishment for various offences relating to
illicit trafficking in narcotic drugs and psychotropic substances. Most of the offences
invite uniform punishment of a minimum ten years rigorous imprisonment which may
extend up to twenty years. While Act envisages severe punishments for drug
traffickers, it envisages reformative approach towards addicts. In view of the general
delay in trial it has been found that the addicts prefer not to invoke the provisions of
the Act. The strict bail provisions under the Act add to their misery. Therefore, it is
proposed to rationalise the sentence structure so as to ensure that while drug
traffickers who traffic in significant quantities of drugs are punished with deterrent
sentences, the addicts and those who commit less serious offences are sentenced to
less severe punishment. This requires rationalisation of the sentence structure
provided under the Act. It is also proposed to restrict the application of strict bail
provisions to those offenders who indulge in serious offences.
 “Law of Control on Narcotic Drugs and Psychotropic Substances in India” by Dr.
M.C. Mehanathan, in which writer tried to explain the various factor which were
responsible for passing the present Act in which both national or international
conventions, protocol or treaty etc are discussed in detail by which slowly present act
passed by Govt. as deterrent drug law of the nation.
 “Narcotic Drugs and Psychotropic substances laws” by Sharma and Mago in which
authors explained the importance of the amendment act of 1989.The Act was
amended in 1989, inter alia, to provide tracing, seizing and forfeiture of illegally
acquired property. The experience gained over the years reveals that the provisions
have certain inadequacies due to which the implementation of the provisions has been
tardy. Certain other inadequacies in the various provisions of the Act have been
noticed. In order to remove those inadequacies it is necessary to amend the relevant
provisions.
 “Digest of Narcotic Drugs and Psychotropic Substances Act, 1985” by Justice S.H.S.
Abidi in which the author explained the important procedure under the Act . The
provisions relating to certain procedural aspects like search and seizure have certain
deficiencies due to which the law enforcement efforts against illicit drug entry, search,
seizure, etc, in respect of offences relating to controlled substances and for tracing,
freezing, seizing and forfeiture of illegally acquired property upon the empowered
officers.
 “Law relating to Narcotic Drugs and psychotropic substances in India” by R.P.
Kataria in which Author explained the object of act as well need of the strict drug
law.The object of the Narcotic Drugs & psychotropic Substances Act to consolidate
and amend the law relating to narcotic drugs, to make stringent provisions for the
control and regulation of operations relating to narcotic drugs and psychotropic
substances, to provide for the forfeiture of property derived from, or used in illicit
traffic in narcotic drugs and psychotropic substances, to implement the provisions of
the International Conventions on narcotic drugs on narcotic drugs and psychotropic
Substances.
 “Supreme Court on Narcotic Drugs And Psychotropic Substances Act, 1985” by
Ajana Talukdar in which the important or landmark judgement of the supreme court
are explained or also explained importance of it as precedents or binding on all lower
courts. The Supreme Court`s verdicts are the best source of binding law. In our
Judicial System of the pronouncements of the Supreme Court are binding under
Article 141 of the Constitution of India on all courts including High Court. My
eminent readers inspired me to publish a book on Supreme Court Judgements
covering Narcotic Laws. Looking to the pressure and heavy demand I tried to collect
all most all the cases relating to Narcotic Laws decided by Supreme Court with Head
notes and law points. Supreme Court decisions on Narcotic Laws are designed to lay`s
down and explain the judgements relating to Narcotic Laws in common use in our
country at the present time. Every attempt has been made to bring out this publication
a useful book for all who are connected with legal world.
 Article on Drug Addiction: Etiology and Legal Regime by Dr. Pardeep singh, in
which the writer explained the serious problem of drug abuse or its factor responsible
for it or causes and also throw light on the present drug law to tackle this evil from the
society,
  Article on “Drug Trade and Terrorism: An Assault on Human Rights” by G.S. Tiwari,
in which writer tried to study the international links in matter of drug trafficking or its
globe chain of business money earned by drug trafficking used for various antisocial
activities like spreading of terrorism etc. are the important example of it.

Research Gap

By having a brief Review of literature mentioned above, it can be ascertained that there is
need for Research on few aspects of NDPS Act which has miserably failed at both the stages,
that are implementation and effectiveness thereby diminishing the very objective of the
enactment. The study of the provisions of the act are done by many researcher`s by which
many amendments are done to made law more stringent or deterrent in nature but in spite of
these researches there are many loopholes in the Act or also the wrong interpretation of
provisions of the Act, which has affected the conviction/Acquittal rates. The researcher wants
to study the gap and also drawbacks of the legislation or procedural lapses with which the
criminal go scot-free due to which NDPS Act not able to achieve its objective.

Chapterization

This work is constituted of six chapters. Under which all aspects of drug abuse its historical
aspects, or its international aspects and its national aspect are discussed in detail beneath the
following chapters.

Chapter 1: Introduction

In this chapter the Introduction about the topic is given. Under which various problems of the
drug abuse are discuss in detail or factor which are responsible for cause of drug abuse like
environment, geographical or its concern of national or international etc. are discussed in
detail under this part.

Chapter 2: Historical Evolution of Drug Laws

This Chapter revolves around the historical evolution of Drug laws. In this Chapter I have
traced the history of Drug laws in India from ancient times to present laws. In which various
provisions of Drug law present in India from ancient period are like Opium act of 1857,
Opium Act of 1878, Poisons Act of 1919, Dangerous Drugs Act of 1930, Drugs and
Cosmetics Act of 1940, Drugs Control Act of 1950 etc. are discussed in detail.

Chapter 3: Drug Laws: Global Vision

This chapter contains international provisions of drug laws. Various conventions on drug
laws have been discussed along with the view of SAARC nations. Important international
convention like Opium convention of 1912, Agreement concerning Manufacture of internal
trade and use of prepared opium of 1925, International Opium Convention of 1925,
International Convention Limiting the manufacture and regulating the distribution of Narcotic
Drugs of 1931, Convention for the suppression of illicit traffic in dangerous drugs of 1936,
The Convention of Narcotic Drugs of 1961, The Convention of Psychotropic of 1971, The
Convention Against Illicit Traffic in narcotic Drugs and psychotropic substance of 1988 and
SAARC convention etc. are discussed in detail under this chapter.

Chapter 4: Legislative Provision: N.D.P.S Act, 1985

This chapter contains the present legal provisions on drugs law i.e. N.D.P.S (Narcotic Drugs
and Psychotropic Substances) Act of 1985. The Act emphasis on the preventive aspect of
drug evil and covers a wide list of substances that are recognised as Narcotic drugs. It seeks
to prevent people from the dangers of drug-abuse. The various important provisions of the
Act are discussed in detail.

Chapter 5: Judiciary and Drug Terrorism

This chapter lays down various landmark decision of the Supreme Court on the provisions of
the N.D.P.S Act, 1985. The Judicial approach in NDPS cases can be studied under these
headings. Non-compliance of provisions of Act, Violation of provisions of Act, Link
Evidence missing, Contradiction in statement of Witnesses and No independent witness
joined. Many loopholes in the Act or also wrong interpretation of the provision of the Act
which has affected the conviction/Acquittal rates etc. are studied in detail under this chapter.

Chapter 6: Conclusions and Suggestions

The last chapter includes and suggestions inferred from the provisions and the actual working
of the law. I have tried to make certain suggestions to plug the loopholes responsible for the
acquittals under N.D.P.S. cases. These suggestions can go long way to improve the
administration of justice.