Acts related to Substance use

By - Dr. Sunil Suthar

Under guidance of-Prof. Dr. Yogesh Satija

Contents• Drug/Substance (definition)• Drug abuse and Crime• Drug abuse, Indian Laws and Legislation• Narcotics Control Bureau• Central Bureau of Narcotics• Narcotic Drugs and Psychotropic Substances Act, 1985• Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic

Substances Act, 1988• Motor Vehicles Act, 1988• The drugs and cosmetics act, 1940 and

The drugs and cosmetic srules, 1945• Mental Health Act 1987, Mental Health Care Bill 2012• Gambling Law in India• Food Safety and Regulation (Prohibition) Act 2011• Others

Drug/Substance In medicine, it refers to any substance with the potential to prevent or

cure disease or enhance physical or mental welfare.

In pharmacology, it means any chemical agent that alters the biochemical or physiological processes of tissues or organisms.

In the context of international drug control, "drug" means any of the substances listed in Schedule I and II of the 1961 Single Convention on Narcotic Drugs, whether natural or synthetic.

Technically speaking, they are chemical substances that affect the normal functioning of the body and/or brain. Not all drugs are illegal. For example, caffeine (found in coffee or Coca-Cola), nicotine (in cigarettes) and alcohol are all technicaly legal drugs. Medicines, whether prescribed by a doctor or available over the counter at pharmacies, are legal drugs to help us to recover from illnesses, although they can also be abused.

Drug/Substance

Illegal drugs are drugs that are so harmful that countries across the world have decided to control them. Countries have passed several international laws, in the form of United Nations conventions, that specify which drugs are controlled.

The United Nations drug control conventions do not recognize a distinction between licit and illicit drug, they describe only use to be licit or illicit.

Drug abuse and Crime

In studies from many countries association between crime and addiction emerges as a repeated universal finding.Many people associate drug intoxication with crime, sometimes even violent crime. This so-called psychopharmacological link.Offences related to substance abuse-1) Violent offences- involving changes in mental state.2) Acquistic offences- related to high economic cost of illicit drug use.3) Other offences- against legislation to control, drug use or drunken

driving.

Drug abuse and Crime

Types of crime and addiction- Cultivation , manufacture, supply, possession, stealing, homicide,

attempted suicide, sexual crimes, forgery, gambling, violence etc.

In a study conducted by Gillies(1976) in 400 criminal persons found that 58% of males and 30% of females had been intoxicated at the time of their crimes.

Drug abuse, Indian Laws and Legislation

No single prevention program has succeeded in curbing drug abuse. Hence multidimensional approach is aimed at,

Controlling the supply of drugs. Suppression of illicit trafficking. Prevention and reduction of demand. Treatment and rehabilitation. The awareness of the need to enforce legislative measures.

The National Policy on Narcotic Drugs and Psychotropic Substances is based on the Directive Principles, contained in Article 47 of the Indian Constitution, which direct the State to endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health.

The responsibility of drug abuse control, which is a central function, is carried out through a number of Ministries, Departments and Organisations.

The NDPS Act, 1985 which came into effect from the 14th November, 1985 made an express provision for constituting a Central Authority for the purpose of exercising the powers and functions of the Central Government under the Act.

In presence of this provision, the Government of India constituted the NARCOTICS CONTROL BUREAU on the 17th of March, 1986.

Narcotics Control Bureau

The Narcotics Control Bureau (NCB) is the chief law enforcement and intelligence agency of India responsible for fighting drug trafficking and the abuse of illegal substances.

The NCB was created in 1986 to enable the full implementation of the NDPS Act, 1985 and fight its violation through the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988.

Central Bureau of Narcotics

• Prior to 1950, the administration of the Narcotics Laws, namely, the Opium Act of 1857 & 1878 and the Dangerous Drugs Act 1930 vested with the Provincial Government. The amalgamation of these Agencies laid the foundation of the Opium Department in November, 1950 which is presently known as Central Bureau of Narcotics (CBN). The headquarters of Central Bureau of Narcotics was shifted from Shimla to Gwalior ( Madhya Pradesh) in 1960.

• The Narcotics Commissioner (NC) is assisted by three Deputy Narcotics Commissioners (DNCs) in charge of the Units in the opium growing states i.e. Madhya Pradesh, Rajasthan and Uttar Pradesh. Their offices are located at Neemuch, Kota and Lucknow respectively.

Central Bureau of Narcotics

• The responsibilities of CBN are: 1. Supervision over licit cultivation of opium poppy In India, in the States of

Madhya Pradesh, Rajasthan and Uttar Pradesh.

2. Preventive and enforcement functions.

3. Investigation of cases under the NDPS Act, 1985 and filing of complaint in the Court.

4. Action for tracing and freezing of illegally acquired property as per NDPS Act, 1985.

Central Bureau of Narcotics

5. To issue licences for manufacture of synthetic narcotic drugs

6. To issue Export / Import / Objection Certificate (NOC) for export/ import of Narcotic Drugs and Psychotropic Substances.

Narcotic Drugs and Psychotropic Substances Act, 1985

• CHAPTER 1 – PRELIMINARY

• CHAPTER II - AUTHORITIES AND OFFICERS

• CHAPTER IIA - NATIONAL FUND FOR CONTROL OF DRUG ABUSE

• CHAPTER III - PROHIBITION, CONTROL AND REGULATION

• CHAPTER IV - OFFENCES AND PENALTIES

• CHAPTER V – PROCEDURE

Note- The act was further amended by Narcotic Drugs and Psychotropic Substances Act, 2001.

CHAPTER 1 – PRELIMINARY

1. Short title, extent and commencement2. Definitions

– Narcotic- They include mainly plant-based products such as opium and its derivatives morphine, codeine and heroin, but also synthetic narcotics such as methadone and pethidine, as well as cannabis, coca and cocaine.(more than 116 narcotic drugs.)

– Psychotropic Substances- as any sub-stance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances eg amphetamine-type drugs, sedative-hypnotic agents and hallucinogens .(110drugs)

CHAPTER II - AUTHORITIES AND OFFICERS

4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs,etc.- 5. Officers of Central Government-6. The Narcotic Drugs and Psychotropic Substances Consultative Committee7. Officers of State Government

CHAPTER IIA- NATIONAL FUND FOR CONTROL OF DRUG ABUSE

7A. National Fund for Control of Drug Abuse• The Fund shall be applied by the Central Government for(a) Combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances;(b) Controlling the abuse of narcotic drugs and psychotropic substances;(c) identifying, treating, rehabilitating addicts;(d) Preventing drug abuse;(e) Educating public against drug abuse;(f) supplying drugs to addicts where such supply is a medical necessity.

CHAPTER IIIPROHIBITION, CONTROL AND REGULATION

8. Prohibition of certain operations.- (c) production , manufacture, possession , sell, purchase, transport,

warehouse, use, consume, inter- State import / export , import into India, export from India or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes.

9. Power of Central Government to permit, control and regulate.

CHAPTER IVOFFENCES AND PENALTIES

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.17. Punishment for contravention in relation to prepared opium Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,

• Under section 64 A, any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to under go medical treatment for de-addiction from a hospital or an institution maintained or recognized by the Government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or any other section for offences involving small quantity of narcotic drugs and psychotropic substances. This immunity may be withdrawn if the addict does not undergo the complete treatment for de-addiction.

37. Offences to be cognizable and non-bailable

CHAPTER V PROCEDURE

41. Power to issue warrant and authorisationTo50A. Power to under take controlled delivery

Alcohol and nicotine are not included in NDPS Act, 1985.• The reasons for not including alcohol in the NDPS Act are many, the

important ones being prevailing social acceptance even for frequent self-induced

intoxication; the high revenues earned by the Government on the sale of alcoholic

beverages; prevalence of illicit and locally brewed undistilled forms of alcohol is

very high in society and there may be differences in the clinical course of alcohol dependence

contrary to other drugs like opium which have been included in NDPS.

Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act

• This is a drug control law passed in 1988 by the Parliament of India. It was established to enable the full implementation and enforcement of the NDPS Act of 1985.

Motor Vehicles Act, 1988.As per section 185 (Chapter XIII), Whoever, while driving, or attempting to drive, a motor vehicle,— (a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood

detected in a test by a breath analyser, or

(b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle,

shall be punishable for the first offence with imprisonment for a term which may extend to 6 months, or with fine which may extend to 2,000 Rs or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to 2 years, or with fine which may extend to 3,000 Rs or with both.

• On 1 March 2012, the Union Cabinet approved proposed changes to the Motor Vehicle Act. (But not passed in parliament till today). The Government has decided to penalise the driver depending on the amount of alcohol in the blood stream.

a) 30 to 60 mg per 100 ml of blood - same penalty as above.b) 60 to 150 mg per 100 ml of blood - the penalty would be Rs 5,000 or 6

months imprisonment or both, c) over 150 mg - the fine would be Rs 10,000 or 1 year imprisonment or

both.

• The laws relating to drunk driving vary between countries and varying blood alcohol content (BAC) is allowed.

• One Standard Drink = ½ bottle of Standard Beer = ¼ bottle of Strong Beer = 1 peg (30 ml.) Spirits = ½ packet of Arrack = 1 glass (125 ml.) of table wine = 1 glass (60 ml.) fortified wine.

• One drink (one standard unit of alcohol is 10ml of absolute alcohol, i.e. 7.87g) is likely to raise the BAC to approximately 15 to 20 mg/dl.

THE DRUGS AND COSMETICS ACT, 1940 THE DRUGS AND COSMETICS RULES, 1945

• This act provide control of sale, supply and distribution of drugs.• Schedule H: List of substances that could be sold by retail on the

prescription of a Registered Medical Practitioner only (Prescription Drugs).

• Schedule X: Schedule X contains list of drugs whose import, distribution, manufacture, sale, packing and labelling are to be carried out under special provisions. Examples include Amphetamine, Cyclobarbital, Methamphetamine, Pentobarbital, Secobarbital, Methylphenidate etc. List of drugs for which the retailer is to preserve prescription for a period of two years.

• Schedule G: List of drugs that could be dangerous to take except under medical supervision.eg. Cyclophosphamide, Insuline etc.

• if drugs fall under NDPS Act (addiction forming substances) with a symbol NRx on the left hand corner.

Mental Health Act 1987

Mental Health Care Bill 2013

• It defines mental illness as “a disorder of mood, thought, perception, orientation and memory which causes significant distress to a person or impairs a person’s behaviour, judgement and ability to recognise reality or impairs the person's ability to meet the demands of daily life and includes mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation”

Food Safety and Regulation (Prohibition) Act 2011

Karnataka became the 26th state to ban sale, manufacture, storage and distribution of gutka. It is also in place in five union territories.

Gutka is banned under the provision to ban any food product containing harmful adulterants in the centrally enacted Food Safety and Regulation (Prohibition) Act 2011.

Offenders can be fined INR200 (US$3.40) according to the Control of Tobacco Products Act (COTPA).

The Food Safety and Standards Authority of India (FSSAI), under which the ban has been regulated, said offenders can face six months to three years in jail. The law has provisions of imposing fines up to 25000 Rs on selling of products that are injurious to health.

Cigarette and other Tobacco Products Act, 2003

• Smoking is prohibited in public places.

• Punishment for smoking in public place is fine up to two hundred rupees.

Alcohol laws of India

Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India.

Therefore, the legal drinking age in India and the laws which regulate the sale and consumption of alcohol vary significantly from state to state.

In India, consumption of alcohol is prohibited in the states of Gujarat, Manipur, Mizoram and Nagaland,[ as well as the union territory of Lakshadweep. All other Indian states permit alcohol consumption but fix a legal drinking age of between 18–25 years.

In some states, the legal drinking age can be different for different types of alcoholic beverages.

Indian Penal Code, section 85, 86( Criminal offence And Drug Abuse)

• As per Sec.85 of IPC, “Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.”

• Under Section 86 of Indian Penal Code, In cases where act done is not an offence unless done with a particular knowledge or intent, a per-son who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

• However, if the intoxication is induced voluntarily, the act done is an offence even if the person is incapable of knowing the nature of the act or that what he is doing is either wrong or contrary to law.

Gambling Laws in India• The following are the various laws which regulate/restrict gambling in India:• The Public Gambling Act, 1867: This Central legislation provides for the

punishment of public gambling. The penalty for breaking this law is a fine of 200 Rs or imprisonment of up to 3 months.

• The Lotteries (Regulation) Act, 1998: This Central Legislation lays down guidelines and restrictions in conducting lotteries.

• Section 294-A of the Indian Penal Code, 1860: This Section lays down punishment for keeping a lottery office without the authorisation of the State government.

• Section 30 of the Indian Contract Act, 1872.

• Other than lotteries, legal gambling in India is limited to betting on horse racing.

• Sikkim and Goa are the only two states in India which currently permit gambling (other than horse-racing, dog-racing and lotteries.)

• The Information Technology Act 2000 regulates cyber activities in India.

Doping at the Olympic Games

The list of drugs banned from the Olympics is determined by the World Anti-Doping Agency , established in 1999 to deal with the increasing problem of doping in the sports world. The banned substances and techniques fall into the following categories: androgens, blood doping, peptide hormones, stimulants, diuretics, narcotics, and cannabinoids. The use of alcohol (ethanol) is banned in selected sports only during actual competition.

both WADA(World Anti-Doping Agency and NADA(National Anti-Doping Agency) deals with adopting and implementing anti-doping rules and policies.

• Date rape- Commonly, date rape is referring to drug facilitated sexual assault or an acquaintance rape. Alcohol remains the most commonly used date rape drug. GHB (gamma hydroxybutyric acid), Rohypnol (flunitrazepam) Ketamine (ketamine hydrochloride) etc are popular worldwide as date rape drugs.

Refrences Official sites of Narcotic control bureau, Central Bureau of narcotics, Motor vehicle act india,

The drugs and cosmetics act, 1940 and The drugs and cosmeticsrules, 1945. Forensic psychiatry (psychiatry and law) Indian perspective, by S Nambi, First addition2013. The Essential Forensic Medicine and Toxicology, By K.S. Narayan Reddy2006 Substance use Disorder, Manual for Physicians, By Dr. Rakesh Lal Gunn J, Taylor PJ, eds. Forensic Psychiatry- Clini-cal, Legal and Ethical issues. Butterworth-

Heinemann, Oxford 1999, 435-480. E. Single, “The Economic Costs of Illicit Drugs and Drug Enforcement,” Policy Options, Vol. 19,

October 1998. GILLIES, H. 1976. Homicide in the West of Scotland. Br J Psychiatry, 128, 105-27. SAHOO, S., MANJUNATHA, N., PRASAD SINHA, B. N. & KHESS, C. R. 2007. Why is alcohol

excluded and opium included in NDPS act, 1985? Indian J Psychiatry, 49, 126-8. MADEA, B., GRELLNER, W., MUSSHOFF, F. & DETTMEYER, R. 1998. Medico-legal aspects of

doping. J Clin Forensic Med, 5, 1-7. COWAN, D. A. & KICMAN, A. T. 1997. Doping in sport: misuse, analytical tests, and legal

aspects. Clin Chem, 43, 1110-3. MARX, B. P., VAN WIE, V. & GROSS, A. M. 1996. Date rape risk factors: A review and

methodological critique of the literature. Aggression and Violent Behavior, 1, 27-45. Viile s.o. 1055 (E) dated 19th October, 2001 published in the Gazette of India, Extra., pr. It

sec. 3(ii) dared 19th october 2007

• 39. Power of court to release certain offenders on probation.-(1) When any addict is found guilty of an offence punishable under section 27 or for offences relating to small quantity of any narcotic drug or psychotropic substance] and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, not withstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV.

(2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1), that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Central Government, with or without sureties, for abstaining from the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during such period.