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Narcotic Drugs And Psychotropic Substance

The term narcotic within the legal sense is kind of different from that utilized within the medical context which denotes a sleep-inducing agent. Legally, a narcotic drug can be an opiate (a true narcotic), cannabis (a non-narcotic), or cocaine. The term psychotropic substance states mind-altering drugs like as in acid Diethylamide (LSD), Phencyclidine, Amphetamines, Barbiturates, Methaqualone, and designer drugs (MDMA, DMT, etc.).

Classification of Drugs:
  • Narcotics:
    Heroin, Morphine, and Opium
  • Depressants:
    Barbiturates and Tranquilizers
  • Stimulants:
    Amphetamine and Cocaine
  • Hallucinogens:
    LSD, Charas, and Ganja

Definitions according to NDPS Act:
  1. Cannabis (hemp) is also known by the next terms:
    1. Charas, is a separated resin, in any form, whether crude or purified, founds in the cannabis plant and also includes concentrated preparation and resin is mentioned as hashish oil or liquid hashish.
    2. Ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not amid the tops), by whatever name they'll be known or designated.
    3. Any mixture, with or with none neutral material, of any of the above forms of cannabis or any drink prepared therefrom.
       
  2. Coca derivative means:
    1. Crude cocaine is an extract of coca leaf which could be used, directly or indirectly, for the manufacture of cocaine.
    2. Ecgonine and every one of the derivatives of ecgonine from which it's recovered.
    3. Cocaine, that is the methyl ester of benzoyl-ecgonine and its salts.
    4. All preparations containing quite 0.1 percent of cocaine.
       
  3. Coca leaf means:
    1. The leaf of the coca plant aside from a leaf from which all ecgonine, cocaine, and therefore the other ecgonine alkaloids are removed.
    2. Any mixture thereof with or with none neutral material, but doesn't include any preparation containing but 0.1 percent of cocaine.
       
  4. Coca plant’ means the plant of any species of the Erythroxylon
     
  5. Narcotic drug means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs.

Cases related to NDPS
  • The State Of Punjab vs Balbir Singh on 1 March 1994
  • The State Of Punjab vs Baldev Singh on 21 July 1999
  • Kamlesh Kumar Ishwardas Patel ... vs Union Of India And Ors. Etc. Etc on 17 April 1995
     
Check List for Investigation of Offences under N.D.P.S. Act
  1. Recording of Information:
    Whenever any information is received, it should be taken down in writing and forwarded to the upper authority in-charge of enforcement and necessary orders thereon obtained.
     
  2. Verification of Information:
    A preliminary verification of the knowledge through sources and by surveillance, whenever things demands, has got to be done.
     
  3. Planning of Operation:
    The operation should be planned in order that it is often conducted efficiently within the least possible time. Deployment of responsibilities on various participating officers should be done after briefing on the objectives of the operation. Officers deployed for the search should carry their official identity cards.
     
  4. Equipment/Instruments etc., for Search: it's necessary that the equipment and therefore the tools like screwdrivers, torches, spotlights, mirrors, walkie-talkie, camera, binocular, night-sight arms, and ammunitions handcuff, etc. are checked and brought before starting the operation. it's also to be checked that the vehicles are in condition. the opposite things that require to be checked before moving out for operation are: search proforma, sort of notice under Sec. 67.
     
  5. Drug Identification/Test Kit:
    The officers moving out for operation must not forget to require with them a drug identification kit. it's necessary to see before proceeding for search that the reagents are there within the bottles of the test kit and therefore the test kit is in otherwise working.
     
  6. Entry into the Premises:
    Before the commencement of the search, the officer should obtain an authorization for the search as per Sec. 41(2) of the NDPS Act. On searching the spot, the officers must immediately fix for the strike. The entry and exit points must be manned properly and watch should be maintained on the windows and another opening in order that nothing is often thrown from exit/verandah, etc.
     
  7. All incoming telephone calls should be received by the officers only.
     
  8. Search Authorization:
    If an area is to be searched supported personal knowledge or information taken down in writing, a replica of the grounds of belief or information (in form DR-I) is to be sent forthwith to his immediate official superior.
     
  9. Disclosure of Identity and Purpose of Search:
    As an entry into the premises is sought, the officers should disclose their identity and purpose and offer themselves to be searched. it's to be remembered that the aim of the search could also be defeated if anybody is allowed to travel out of the premises or make outside calls during the search. If an individual is to be subjected to a private search, he has the proper to look the officer, if he so requires, such person has the proper to require a physical search of the officer conducting the search.
     
  10. Search in Presence of Independent Witnesses:
    a minimum of two independent and respectable witnesses of the locality is to be called and in their presence and therefore the owner and the occupier or his representative, the search is to be conducted. Please remember that the witnesses are independent, not stock witnesses.
     
  11. Preparation of Search List (Mahazar/Panchanama):
    After the conclusion of the search, an inquiry list is to be prepared. Drugs or things or documents if recovered and also the place of their recovery are invariable to be mentioned within the search list. a replica of the search list is to be handed over to the agent/owner/occupier of the premises.

    If any personal search is taken during the search of the premises, a separate search list mentioning the products recovered from the person so searched. just in case of no recovery, NIL RECOVERY is to be mentioned within the search list. The search list should bear the signatures of the person, owner/owner’s representative witnesses alongside their name, addresses, etc. The copy should bear the dated signature of whom it's been served. Please check if a replica of the panchnama / mahazar has been given to the owner.
     
  12. Drawal of Sample:
    It's vital to draw and seal a stratified sample of narcotic drugs/psychotropic substances within the presence of the owner, occupier, agent, and therefore the witnesses. The seizing officer should be assigned the work of drawing of a sample of the required quantity and sealing it properly for being sent to the laboratory as soon as possible. Please check if the samples are drawn, packed, and sealed as per the instructions effective and therefore the procedure mentioned within the mahazar. Samples should be sent to the laboratory within 72 hrs.

Considerations for Future
Effective implementation of the NDPS Act for regulating the drugs and its usage in society must be kept under view. Ensuring the standard of medicine used for medical purposes is a crucial aspect that ought to be taken into consideration. Data of drug addicts should be maintained and controlled incorporating various organizations working during this area.

Improvising co-ordination among states for investigation in cases associated with drugs. Differentiating synthetic drugs from natural drugs are often helpful for clear lines of investigation. Transparency of the policy is often an excellent advent for effectively solving crimes associated with drugs. Understanding drug patterns is an important requirement for eliminating the matter of illegal drugs from our country.

Bringing awareness and educating can help in eradicating the matter of white plague in our country. Rehabilitation centers should co-ordinate with the central and state governments for preventing the drug abuse of medicine and its practice incoming generations from the harms of drug abuse.

Author id:12777

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