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Author - Associate Kantika Mukherjee

Alcoholism in criminology and drugs have been the biggest concern which is doing harm to the society as well as the youth. The drugs are mostly consumed by young people as they are unaware of the consequences and vulnerable to drug use. Consuming drugs is illegal which includes inhaling drug injection or any type of drugs like heroin, cocaine, marijuana etc. Many drugs contain opioid narcotics in which the individual who takes heroin first they enjoy the pleasure that it gives, however, day by day the individual might suffer from the serious issue like nausea. However, alcoholism in criminology has also been a major health issue for people.

It is considered as serious problems since it not only affects the person bodies but also affects the person’s behaviour. The most major effect of alcoholism in criminology and drugs abuse is on the brain, which certainly affects every other aspect of the life of the individual addicted to drugs and alcohol.

Narcotic Drugs and Psychotropic Substances Act, 1985

India is a participant to three of United Nation’s drug conventions. The initial being the 1961 Single Convention on Narcotic Drugs, the next was the 1971 Convention on Psychotropic Substances and the last one was the 1988 Convention against Illicit trafficking Narcotic Drugs and Psychotropic Substances. The local legislation which has been enacted after almost 25 years of signing the 1961 convention when the grace time for abolishing the non-medical usage of drugs finished under the 1961 Convention. The 1985 Act has been passed in urgency without any discussion, and it substituted the 1930 act of Dangerous Drugs Act, however, the Drugs and Cosmetics Act, 1940 remained as well as still continues to apply. The Act of 1985 was amended trice in 1989, 2001 and in 2014. The NDPS Act placed a constraint on cultivation, production, sale, purchase, possession, usage, consumption, import, as well as the export of narcotic drugs and psychotropic substances excluding when they are utilized for a scientific purpose or medical usage.

The three classes of substances which are covered under the NDPS Act are:

1. Narcotic drugs covered in the 1961 Convention.
2. Psychotropic substances and those substances which are covered in the 1971 Convention.
3. Controlled substances that are utilized to manufacture drugs or psychotropic substances.

Narcotic drugs contain:

1. Coca Plant- Leaf or other derivatives which includes cocaine. It also contains any preparation which has 0.1% cocaine.
2. Opium- This type includes poppy straw, poppy plant, opium poppy juice, as well as any preparation which have 0.2% morphine. Derivatives of opium consist of morphine, heroin, etc.
3. Cannabis- Resin (Charas and Hashish), plant, fruit tops and flowering of the plant (Ganja), or any mix of Ganja, Charas and Hashish are all comprised in this category. It is significant to note that cannabis leaves that are bhang is excluded from this group and is controlled by the state laws.

The NDPS Act states the procedure which is required to be followed if any search or seizure has been carried out. The process for arresting a person regarding an offence in the NDPS Act is also given. But the standards of search and permissibility of evidence are interpreted in a way that could be prejudicial to the cause of the accused. It could be held that the NDPS Act is basically a punitive as well as a punishing statute, and it also covers a regulatory framework. The Act provides the authority to the Central and the State government to frame rules regarding drug-use actions. The regulatory framework also covers the supply of opium, to registered users, for medicinal purposes.

The prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act has been introduced in 1988 as a supplementary towards the NDPS Act.

Significant Aspects relating to the NDPS Act

Under the NDPS Act, the sentencing of punishment is reliant on the substance as well as its quantity found. The harshness of the NDPS Act is very obvious from the circumstance that the death penalty was also included as a form of punishment under the Act. Courts could award death sentence if the certain repeated offence (like manufacture, production, import, export, possession, and transportation) involves large quantities of drugs. In the 2014 amendment, the death penalty has been made discretionary and an alternate punishment of 30 years of imprisonment has been introduced.

The NDPS Act also supports treatment for individuals who use drugs both as an ‘alternative’ to, as well as independent of illegal measures. The treatment features under the NDPS Act come with different features-

• Section 4(2) (d) and 7A held that treatment of drug addict is one of the measures for which the Central Government must create funds.
• Section 64A mentions that drug-dependent individuals who are charged with wrongdoing involving small quantities of drugs or intake can go for treatment and would be exempted from prosecution.
• Section 39 states that in place of awarding sentences, the courts could divert drug-dependent individuals convicted for consumption or wrongdoing involving a small number of drugs, towards a recognized medical facility for detoxification.
• Section 71, 76 (2) (f), and 78 (2) (b) covers provisions that the Central or the State government could set up and regulate centres for identification, care, as well as treatment of drug-dependent individuals.

Conclusion

The evil of alcoholism in criminology & drug abuse shackles on the idea of a good life along with it also plays as an impediment towards the growth of the nation. Thus, the legal structure has been put in place to counter the abuse of drugs and alcohol is based on a solid foundation.