Angels of linking with the drugs business of Bollywood have surfaced in the ongoing high profile investigation following the suspicious death of actor Sushant Singh Rajput. Along with CBI, the Narcotics Control Bureau is also investigating in this investigation (NCB Investigation).
After Rhea Chakraborty, many famous celebrities like Deepika Padukone, Sara Ali Khan, Rakul Preet Kaur are being questioned about the use and purchase of drugs. Laws for Drugs If someone is found guilty of using or possessing drugs, what punishment can one get? Know what are the provisions of law.
What and how is the anti-drugs law?
The Narcotic Drugs and Psychotropic Substances Act i.e. NDPS Act 1985 and NDPS Act 1988 are the two main laws that are applicable in Drug-related matters in India. According to this law, production, possession, sale, purchase, trade, import-export, and use of narcotic drugs or any controlled chemical or psychotropic substance is prohibited. This may be possible only after special approval for medical or scientific reasons
NDPS Act also gives the right to search, attachment and arrest against the person who breaks the ban. The investigating agency can take action in such cases in private or public places.
What is the policy on drugs in India?
Under Article 47 of the Constitution of India, the state has got the power to control, control drugs. Drug control is discussed in the current law in three categories. One is a category of psychotropic substances like LSD, meth, the other is narcotic drugs like hashish, cannabis, opium, and the third category is a mixture of chemical substances called controlled substances.
From cocaine to cannabis there is a list of more than 125 hundred such psychotropics and drugs, which are banned under the NDPS Act. If you keep any kind of mixture with them, use it or trade it in any way, then you break the law. And you may be punished for breaking this law. Punishment will decide on how and how much you have broken the law.
In the year 2008, it was provided that in the case of possession of drugs under the NDPS Act, the punishment will be determined by the number of drugs found in the accused. That is, keeping drugs below one kilo was not considered commercial.
There is a provision of imprisonment of up to 10 years for the possession of drugs for personal use, and up to 20 years of rigorous imprisonment for possession of drugs in commercial quantities.
But this year the Supreme Court has changed this system and now the punishment will not be fixed by the number of drugs. The punishment can be from 10 years to at least 20 years. Also, a fine of at least Rs 1 lakh can also be incurred.
Yes, in some particularly serious cases, the courts may arbitrarily give the death penalty to a convict in the drugs business. Some such examples can be seen.
December 2007: A special court in Mumbai sentenced Ghulam Malik to death, who was arrested in 2004 with 142 kg of hashish.
February 2008: Onkaranath Kak, first arrested in 1998 with 40 kg Charas and then in 2003 with 28 kg Charas, was sentenced to death by the Ahmedabad Sessions Court.
February 2012: Paramjit Singh, who was caught with 1.02 kg of heroin in 1998 and 10 kg of heroin in 2007, was given a death sentence by the District Court of Chandigarh.
If you are found to have banned drugs, then the local police can also take preliminary action. The Narcotics Control Division, Central Bureau of Narcotics, NCB as well as DRI, CBI, Custom Commission and BSF are also empowered to take action in such cases for detailed investigation and action.