NDPS PRACTICE MANUAL – CHAPTER 1
Introduction to NDPS Act, 1985
(Style A • Depth A2 • Format B)
1.1 Legislative Purpose and Philosophy
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is a special penal statute enacted to consolidate and strengthen laws relating to:
- Control of narcotic drugs
- Regulation of psychotropic substances
- Prevention of illicit trafficking
- Rehabilitation of addicts
- Enforcement of international conventions
The Act reflects India’s commitment to the Single Convention on Narcotic Drugs, 1961, the Psychotropic Substances Convention, 1971, and the Illicit Trafficking Convention of 1988.
NDPS Act is characterized by:
- Stringent provisions
- Reverse burden clauses
- Severe minimum punishments
- Strict procedural compliance
- High degree of evidentiary requirements
It is considered one of the strictest criminal statutes in India, where procedural lapses can destroy prosecution cases, and meticulous investigation is mandatory.
1.2 Special Nature of NDPS Offences
NDPS offences differ from regular IPC crimes due to:
(a) Presumption of Guilt (Reverse Burden)
Sections 35 (culpable mental state) and 54 (presumption from possession) turn NDPS into a reverse-burden legislation, requiring the accused to rebut presumptions.
(b) Stringent Punishments
Punishments range from rigorous imprisonment of 6 months to 20 years, depending on quantity—small, intermediate, or commercial.
(c) Mandatory Strict Compliance
Sections 41–50, relating to:
- search
- seizure
- arrest
- sampling
- sealing
- inventory
- forwarding to FSL
must be precisely followed, else the case collapses.
(d) Special Courts
Designated Special Courts under Section 36 ensure speedy and specialized adjudication.
1.3 Essential Definitions (NDPS Act)
1.3.1 Narcotic Drug (Section 2(xiv))
Includes:
- Opium
- Morphine
- Codeine
- Cannabis (charas, ganja)
- Coca leaf
- Poppy straw
1.3.2 Psychotropic Substance (Section 2(xxiii))
Any substance listed in the NDPS Schedule—such as:
- MDMA
- Methamphetamine
- Diazepam
- Alprazolam
- Buprenorphine
1.3.3 Manufactured Drug (Section 2(xi))
Drugs manufactured under government authorization but misused or diverted.
1.3.4 Illicit Traffic (Section 2(viii-a))
Includes:
- cultivation
- production
- possession
- sale
- purchase
- transport
- warehousing
- concealment
- use
of narcotics/psychotropics without authorization.
1.4 Evolution of NDPS Legislation
1.4.1 Pre-1985 Era
Control was scattered under:
- Opium Act, 1857
- Dangerous Drugs Act, 1930
- State amendments
These were inadequate to combat rising drug trafficking.
1.4.2 NDPS Act, 1985 Enactment
Brought uniformity, central authority, tough sentencing, and international compliance.
1.4.3 Amendments (2001, 2014)
The important 2001 & 2014 amendments introduced:
- quantity-based sentencing
- rationalization of punishments
- regulated medical/industrial use
- controlled substances
- scheduled substances
1.5 Scheme of the Act (Bird’s Eye View)
| Part | Coverage |
| Chapter I | Preliminary definitions |
| Chapter II | Authorities & constitution |
| Chapter III | Prohibition, control & regulation |
| Chapter IV | Offences & penalties |
| Chapter V | Procedure: search & seizure |
| Chapter V-A | Forfeiture of property |
| Chapter VI | Miscellaneous |
1.6 Critical Importance of Procedural Safeguards
Courts consistently hold that:
✔ NDPS law requires scrupulous compliance
✔ Procedural violations → benefit to accused
✔ Heavy burden on prosecution
✔ Search teams must maintain chain of custody, FSL timeline, proper documentation
Leading cases:
- Tofan Singh v. State of Tamil Nadu (2020) 9 SCC 1
- Mohinder Singh v. State of Punjab (2018)
- Arif Khan v. State of Uttarakhand (2018)
These judgments emphasize strict adherence to Sections 42, 50, 52, 55, 57, and FSL protocols.
1.7 Why NDPS Trials Are Unique
NDPS trials involve:
- Technical evidence
- Scientific reports
- Chain-of-custody evaluation
- Statutory presumptions
- Mandatory compliance scrutiny
- High standards of proof
A single procedural defect can lead to acquittal.