Narcotic Drugs and Psychotropic Substances Act, 1985 | 01 Sep 2022

Why in News?

Recently, Karnataka High Court said that Bhang is nowhere referred to as a prohibited drink or prohibited drug as per Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

• The court relied on two earlier judgments, Madhukar vs the State of Maharashtra, 2002 and Arjun Singh vs State of Haryana, 2004, where the courts had ruled that bhang is not ganja, and is therefore not covered under the NDPS Act.
• Earlier, Thailand has legalized cultivating and possessing Marijuana but recreational use (Such as smoking) is still banned.

What is Bhang?

• About:
  • Bhang is the edible preparation made from the leaves of the cannabis plant, often incorporated into drinks such as thandai and lassi, along with various foods.
  • Bhang has been consumed in the Indian subcontinent for centuries, and is frequently consumed during the festivals of Holi and Mahashivratri.
• Law:
  • The NDPS Act is the main legislation, enacted in 1985, that deals with drugs and their trafficking.

What are the Provisions of the NDPS Act?

• Defines Cannabis as a Narcotic Drug:
  • The NDPS Act defines cannabis (hemp) as a narcotic drug based on the parts of the plant that come under its purview. The Act lists these parts as:
    • Charas: The separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.
    • Ganja: The flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they are known or designated.
    • Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom.
  • The Act, in its definition, excludes seeds and leaves “when not accompanied by the tops”.
  • Bhang is not mentioned in the NDPS Act.
• Punishment:
  • Section 20 of the NDPS Act lays out the punishment for the production, manufacture, sale, purchase, import and inter-state export of cannabis, as defined in the Act. The prescribed punishment is based on the amount of drugs seized.
  • It also provides for death penalty in some cases where a person is a repeat offender.

What is the State of Crime under NDPS Act?

• Punjab topped the list of crime rate as per the National Crime Records Bureau (NCRB) recent data for 2021.
  • Punjab recorded 32.8% crime rate in 2021, which was the highest in the country.
• Himachal Pradesh ended second, notching a crime rate of 20.8% followed by Arunachal Pradesh that reported NDPS Act crime rate of 17.2%, followed by Kerala (16%).
• The lowest crime rate under NDPS Act in 2021 was reported from UT Dadar and Nagar Haveli and Daman and Diu (0.5%), followed by the states of Gujarat (0.7%) and Bihar (1.2%).

Source: IE