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Under The Narcotics Drugs and Psychotropic Substance (NDPS) Act of 1985, it is illegal “to produce, manufacture, cultivate, own, sell, transfer, purchase, or consume any Narcotic Drugs and Psychotropic Substances”.
Earlier, no Special Courts existed, but an amendment in 1989 allows the Government to establish Special Courts that feature a single judge who has the power to take cognizance of all the offences that come under the NDPS Act.
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There is a difference between drugs that we take when we are sick. They are legal and often called medicines. But the court has categorised certain drugs as illegal and the possession and/or consumption of these can put you into serious legal trouble. It would be beneficial to take legal help in case you are caught with drugs so that you know what rights you have and what proper legal discourse to take.
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Frequently Asked Questions (FAQs)
It depends on the quantity of drugs you have. As per NDPS Act, drugs are caterogised as Small Quantity and Commercial Quantity and the punishment depends on it. The punishment can range from 6 months to 20 years.
Yes. Possession of drugs is also considered a crime. You can be arrested and may need a lawyer to protect your rights.
Yes. In rare cases or for repeated offences, NDPS Act Section 31A prescribes death penalty for the offender. However, with amendments in the NDPS Act, in 2011, India became the first nation in the world to remove mandatory death penalty for drug offences. So, now it is upto the discretion of the judge to award death penalty or to award life imprisonment for 30 years.
Narcotics Control Bureau (NCB) was set up in 1986 under the NDPS Act. It is the apex body for the regulation of drug trafficking in India. Headquarters of NCB is in New Delhi, while the Zonal offices are in Mumbai, Varanasi, Chennai, and Kolkata.
Yes, the police can arrest you, if they find out that you possess illegal drugs in your car or at home. But you have certain rights and a good lawyer can help you come out of the legal mess tactfully.
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