Addressing Substance Use Disorders - Insights Into Narcotic Drugs And Psychotropic Substances

Author: LawSphereX

Category: General Law

Published: 2026-08-23T17:36:05.934931+00:00

Updated: 2026-08-26T17:12:27.638+00:00

ADDRESSING SUBSTANCE USE DISORDERS: INSIGHTS

INTO NARCOTIC DRUGS AND PSYCHOTROPIC

SUBSTANCES

Khadeeja Sadiq, B.A. LL.B. (Hons.), Department of Law, Aligarh Muslim University. Javeriya Khatoon, B.A. LL.B. (Hons.), Department of Law, Aligarh Muslim University. “Addiction is not a moral failing, but a complex condition that requires compassionate and evidence-based treatment”. -Dr. Nora Volkow.

ABSTRACT

India has a large consumer base of different substance abusers e.g. drugs, alcohol etc. In recent years India has faced a major problem with the illicit use of drugs, drug trafficking, drug consumption and so on. This has serious repercussions in terms of morbidness and morality. In India, the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) provides a framework to control the abuse of drugs. Many amendments have been made to rectify the anomalies of the Narcotic Drugs and Psychotropic Substances Act of 1985. This paper aims to critically analyse the initiatives that the government makes to control the abuse of drugs in India. Keywords: Narcotic Drugs, Psychotropic Substances, Addiction, Drug Abuse, Legislation.

INTRODUCTION

Drug abuse is a disease that has become more widespread in recent years, this affects almost every sphere of public life and has a large corrosive effect on society. Drug abuse is not only a social problem but also inextricably intertwined with other offences such as organised crimes, human trafficking and money laundering as well as health hazards such as AIDS. India has a long history of plantation of cannabis and opium for social, spiritual and medicinal purposes. With 144 reported cases of drug overdose deaths in 2022, Punjab had the highest rate. The state also had the third-highest number of cases registered under the NDPS Act, with 12,442. Additionally, Punjab saw 204 suicides in the farming sector, including 136 farmers who cultivated their land. Across the country, there were a total of 681 drug overdose deaths,

1.15 lakh cases registered under the NDPS Act, and 2,441 suicides in Punjab. India supplies

the biggest amount of opium for medicinal purposes. India is the largest provider of the illicit market for opium, which is mostly used for medical purposes. Besides this, India is near the world's two largest poppy-growing regions, the "Golden Triangle" (Myanmar, Thailand and Laos) in the northeast and the "Golden Crescent"(Pakistan, Afghanistan and Iran) in the northwest. Due to these, drug misuse is more likely to occur in India, especially in locations where poppies are grown and along trafficking and transit routes. An addict associates with criminal groups and commits crimes in order to obtain money for the purchase of narcotics.

Extent of Drug Abuse in India: In a National survey on Extent and Pattern of Substance Use in India conducted by the Ministry of Social Justice & Empowerment through the National Drug Dependence Treatment Centre (NDDTC) of the All India Institute of Medical Sciences (AIIMS) in 2018, this data is available on the age group of 10-17 years and 18-75 years. According to the Survey report, the prevalence (in percentage points) and estimated total number of adults and children who use different psychoactive substances at the moment are as follows:

Alcohol 1.30 30,00,000 17.10 15,10,00,000 Opioids 1.80 40,00,000 2.10 1,90,00,000 Cannabis 0.90 20,00,000 3.30 2,90,00,000 Cocaine 0.06 2,00,000 0.11 10,00,000 Sedatives 0.58 20,00,000 1.21 1,10,00,000 Inhalants 1.17 30,00,000 0.58 60,00,000 Hallucinogens 0.07 2,00,000 0.13 20,00,000

ATS

0. 18 4,00,000 0. 18 20,00,000 An Overview of Drug Laws in India: Drug abuse is not new to our country. In India, opium has been grown since the tenth century. The Opium Acts (1857 and 1878) were enacted during the colonial era to regulate the production and cultivation of opium, but not its consumption. Due to pressure from the escalating nationalist movements, several provincial governments passed legislation restricting the use of opium in the 1920s. In 1930, the Dangerous Drugs Act was enacted. This aimed to regulate drug production, distribution, purchase, exchange, and handling. The act focused mostly on narcotics made from plants like cocaine, hemp, and poppies and did not include any crimes related to drug or cannabis use. The main methods of control were licensing and punishing unlicensed activity.

The Drugs and Cosmetics Act (DCA), which was passed in 1940, regulated medications, including those developed from cannabis and opium. It regulates the manufacture, sale, distribution, and import of drugs and cosmetics into India. While not directly targeting narcotics, it plays a crucial role in the regulation of pharmaceutical drugs. The Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 repealed three earlier laws (The Opium Act of 1857, The Opium Act of 1878 and The Dangerous Drugs Act of 1930) in order to improve and streamline India's regulatory environment for psychotropic substances and narcotic medicines. The NDPS Act is India's principal legislation regulating narcotic drugs and psychotropic substances. It prohibits the production, manufacture, sale, purchase, transport, and consumption of these substances, except for medical and scientific purposes. The

Act prescribes stringent penalties, including imprisonment and fines, and includes provisions for the forfeiture of property linked to illicit drug trafficking. The Act has been amended several times to address evolving challenges in drug regulation and enforcement. The 1989 amendment introduced a mandatory death penalty for repeat offenders engaged in large-scale drug trafficking. The 2001 amendment introduced measures for property confiscation, prioritized rehabilitation, and justified penalties by differentiating between drug quantities. The 2014 amendment reduced penalties for small quantities, enhanced penalties for commercial quantities, allowed medical use of certain drugs, and simplified disposal procedures. A proposed modification in 2021 sought to simplify enforcement procedures and fix a drafting

error in Section 27A. These changes strike a balance between the necessity for medical care and rehabilitation and stringent enforcement. Types of substances, their frequency and socio-economic factors in drug use: The following drug classes are recognized by the World Health Organization (WHO) as having the potential to create dependence: Sedative- Barbiturate, Benzodiazepines, Alcohol and Minor tranquilizers. CNS stimulants- Amphetamine,Cocaine. Opiates- Morphine, Heroine, Methadone. Major tranquilizers- Chlorpromazine, Haloperidol. Antidepressant- TCA, MAO inhibitors, Marijuana. Different substances have unique effects on the human body and mind, leading to various health outcomes and social consequences.

The frequency of drug use can vary widely, from experimental or occasional use to chronic and dependent use, significantly impacting an individual’s physical and mental health, as well as their social and economic well-being. Socio-economic factors play a crucial role in shaping drug use patterns. Individuals from lower socio-economic backgrounds may have higher rates of drug use due to factors such as stress, lack of access to education and healthcare, and exposure to environments where drug use is prevalent. Conversely, those with higher socio-economic status may also engage in drug use, though often in different contexts and for different reasons, such as recreational use in social settings.

Understanding these dimensions is essential for developing effective prevention, intervention, and policy strategies. In India, where socio-economic disparities are pronounced, and cultural contexts are diverse, a nuanced approach to addressing drug use is necessary. Legal frameworks and social policies must consider these factors to be effective in reducing drug-related harm and promoting public health. Case Laws related to NDPS Act, 1985:

1. State of Punjab vs. Baldev Singh (1999)

Facts: The case involved several individuals, including Baldev Singh, who were accused of possessing and transporting narcotic drugs. During the arrest, the police did not follow the mandatory procedure outlined in Section 50 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 which requires that if a person is to be searched, they must be informed of their right to be searched before a Magistrate or a Gazetted Officer. Baldev Singh argued that the evidence against him was inadmissible because the procedure was not followed. Issues: The central issue was whether the non-compliance with the procedural safeguard under Section 50 of the NDPS Act (informing the accused of their right to a search before a Magistrate or Gazetted Officer) rendered the evidence obtained during the search inadmissible, thereby affecting the conviction.

Judgement: The Supreme Court held that the failure to inform the accused of their right to be searched in the presence of a Magistrate or a Gazetted Officer, as mandated by Section 50 of the NDPS Act, renders the search illegal. The Court emphasized that the procedural safeguards were crucial to ensuring fair treatment of the accused. Consequently, the Court directed that the evidence obtained in violation of Section 50 cannot be used to convict the accused, thus reinforcing the importance of strict adherence to procedural requirements in drug-related cases.

2. Mohammad Zahid vs. State through NCB (2008)

Facts: Mohammad Zahid was arrested by the Narcotics Control Bureau (NCB) for possessing a significant quantity of narcotic drugs. During the trial, he applied for bail under the NDPS Act, which has stringent conditions for offenses involving commercial quantities of drugs. The prosecution opposed his bail application, presenting strong evidence indicating his involvement in the offense. They argued that Zahid did not meet the conditions for bail under

Section 37 of the NDPS Act, which requires reasonable grounds to believe the accused is not guilty and unlikely to break any laws if released on bail. Issues: The primary issue was whether Zahid met the stringent conditions for granting bail under Section 37 of the NDPS Act, which governs bail provisions for offenses involving commercial quantities of drugs. Judgement: The Supreme Court examined the conditions under Section 37 of the NDPS Act, which stipulate that bail for offenses involving commercial quantities of drugs can only be granted if:

1. The court is satisfied that there are reasonable grounds to believe that the accused is not

guilty of the alleged offense.

2. The accused is not likely to commit any offense while on bail.

The Court highlighted the importance of these stringent conditions to prevent drug trafficking and ensure that individuals involved in serious drug offenses are not easily granted bail. In Zahid's case, the evidence presented against him indicated a strong prima facie case of guilt, and there were no reasonable grounds to believe that he was not guilty. Consequently, the Supreme Court denied Mohammad Zahid's bail application, underscoring the NDPS Act's rigorous approach to granting bail in cases involving significant drug quantities. This decision reinforced the legislative intent to combat drug trafficking through stringent bail provisions.

3. Dharampal Singh v. State of Punjab (2010).

Facts: Dharampal Singh was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possessing a significant quantity of poppy husk, which is a narcotic substance. During the trial, the prosecution presented evidence showing that Dharampal Singh was found in possession of the narcotic substance, which led to his conviction by the trial court. Issues: • Whether the prosecution had sufficiently proven that Dharampal Singh was in possession of the narcotic substance. • Whether the procedures under the NDPS Act were properly followed by the

authorities during the seizure and investigation. Judgement: The Supreme Court upheld the conviction of Dharampal Singh, affirming that the prosecution had successfully established the possession of the narcotic substance by the accused. The Court also confirmed that the procedures laid out in the NDPS Act were duly followed by the authorities during the seizure and investigation process. Consequently, Dharampal Singh's conviction and sentence under the NDPS Act were maintained. Integrated Treatment and Rehabilitation Strategies: Addressing substance use disorders, particularly those involving narcotic drugs and psychotropic substances, requires a comprehensive and multifaceted approach that includes medical treatment, behavioural therapies, rehabilitation programs, support systems, and harm reduction strategies.

Medical treatment is often the first step, beginning with detoxification to clear the substance from the body under medical supervision. This procedure assures security and helps control the symptoms of withdrawal. Pharmacotherapy plays a critical role in managing cravings and withdrawal, with medications such as methadone. Dual diagnosis treatment is essential for individuals with co-occurring mental health disorders, ensuring that both the substance use disorder and mental health issues are addressed simultaneously. Behavioural therapies are integral to the recovery process. Cognitive Behavioural Therapy (CBT) helps individuals identify and alter negative thought patterns and behaviours associated with substance use. Contingency management provides rewards for maintaining sobriety, while Motivational Interviewing (MI) enhances motivation to change by addressing ambivalence.

Family therapy involves family members in the recovery process, improving communication and support within the family unit. Rehabilitation programs come in various forms, including inpatient and outpatient options. Inpatient rehabilitation offers a structured environment with 24/7 medical supervision, suitable for severe addiction cases. With outpatient programs, patients can continue living at home while undergoing treatment. Sober living homes provide a supportive environment for those transitioning from inpatient care to independent living, focusing on maintaining sobriety.

Support systems play a crucial role in recovery. Twelve-step programs such as Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) offer structured frameworks and peer support, while non-12-step support groups and community organizations provide additional resources. Aftercare services, including ongoing counselling and support groups, are vital for preventing relapse and ensuring long-term recovery. Harm reduction strategies also play a significant role. Needle exchange programs provide clean needles and safe disposal options to reduce the risk of infections among those who inject drugs. Supervised injection facilities offer a safe space for drug use under medical supervision, reducing overdose deaths and connecting individuals to health services. Finally, policy and advocacy efforts are crucial for addressing substance use disorders.

Public education campaigns can reduce stigma and encourage individuals to seek help, while advocacy for adequate funding and resources ensures that treatment and rehabilitation services are available and effective. Together, these approaches create a robust framework for addressing substance use disorders, focusing on medical care, behavioural support, and harm reduction to promote recovery and long-term well-being.

CONCLUSION

Addressing substance use disorders involving narcotic drugs and psychotropic substances necessitates a comprehensive and multifaceted approach. The stringent laws under the NDPS Act, 1985, demonstrate India's resolve to combat drug abuse, but landmark cases like State of Punjab vs. Baldev Singh and Arif Khan vs. State of Uttarakhand emphasize the need for procedural fairness and protection of individual rights. Socio-economic factors such as poverty and lack of education are deeply intertwined with substance abuse, highlighting the importance of preventive measures, education, and integrated mental health services. India's adherence to international treaties fosters global cooperation and sets standards for drug control, essential for tackling the transnational nature of drug trafficking.

Effective strategies must balance enforcement with public health initiatives, focusing on harm reduction, treatment, and rehabilitation. Public awareness, community involvement, and judicial oversight are crucial to ensure fair practices and comprehensive care. By adopting a balanced and holistic approach, India can better manage the challenges of substance use disorders, promoting a healthier and safer society.

REFERENCES

1. S. Agarwal & Y. Agarwal, Drug Abuse in India: A Study from Legal Perspective, 8

Int'l J. Creative Res. Thoughts 2769-2778 (2020).

2. Chetanya Kediyal, Understanding the NDPS Act, Factly,

https://factly.in/understanding-ndps-act/ (last visited July 21, 2024).

3. R.N. Islam, N.E. Tabassum, A.K.M. Saifuzzaman & M.M.I. Sarker, A Case Study of

Drug Abuse, 24 Med. Today 82-84 (2012).

4. Rahul Bajaj, A Detailed Analysis of the NDPS Act, iPleaders,

https://blog.ipleaders.in/a-detailed-analysis-of-the-national-drugs-and-psychotropicsubstances-act/ (last visited July 22, 2024).

5. Ministry of Social Justice & Empowerment, Govt. of India, Survey Report on

Magnitude of Drug Abuse in the Country.

6. Universal's Bare Act on NDPS Act, 1985 (Universal Law Publishing Co., 2020).

7. Cases References:

State of Punjab v. Baldev Singh, (1999) 6 SCC 172. • Mohammad Zahid v. State through NCB, (2008) 14 SCC 746. • Dharampal Singh v. State of Punjab, (2010) 9 SCC 608.

8. Websites References:

Narcotics Control Bureau, https://narcoticsindia.nic.in/ (last visited July 21, 2024). • Times of India, https://timesofindia.indiatimes.com/ (last visited July 22, 2024). • The Hindu, https://www.thehindu.com/ (last visited July 22, 2024).