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Report No. 155

Chapter VI

Conclusions and Recommendations

6.1. Infirmities in NDPS Act.-

The drug traffickers are fighting guerilla war against humanity and, therefore, deterrent punishment has been provided under the NDPS Act (as amended by Amendment Act No. 2 of 1989). The Act has provided for death penalty for specified offences by the previous convict and for forfeiture of property derived from, or use in illicit trafficking. However, even these provisions have not yielded fruitful results in curbing and controlling illicit trafficking and use of narcotic drugs. Some of the infirmities found in the implementation of NDPS Act may be summarised below:-

(a) Lack of social awareness against offences of illicit trafficking and illicit use of narcotic drugs and psychotropic substances;

(b) The severe punishment for small quantity under section 27 of the Act if it is not for personal consumption;

(c) Non establishment of Special Courts for trial of the offences under the NDPS Act by some States in spite of specific directions in section 36 thereof;

(d) Wild growth of cannabis plant, coca plant or opium poppy and chances of cultivation of such plants in the guise of wild growth by unscrupulous smugglers;

(e) The inherent problems in the implementation of section 50 of the NDPS Act to make the search effective and meaningful;

(f) Frequent changes in officers investigating the offences; and

(g) Non establishment of the centres for identification, treatment, education and after care of the addicts by the Government.

Drugs and Psychotropic Substances Act, 1985 Back

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