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DRUG ADDICTION
AUTHORED BY - SHRADDHA MUDGAL
“Nobody maintains recovery until
their new life is more fulfilling and rewarding than their old one”.
Anne Fletcher.
ABSTRACT
India has been struggling
significantly in recent years with drug abuse, trafficking, consumption, and
other issues. It is a multifaceted phenomenon with a number of social,
cultural, biological, geographical, historical, and economic components. The
conventional means of social control have become less effective as a result of
industrialization, urbanization, and migratory patterns. It's important to stop
drug usage from growing and becoming entrenched.India, Narcotic Drugs and
Psychotropic Substances Act, (NDPS) 1985 criminalizes trafficking, storage and
consumption of drugs making the drug abuser a victim to the drug and an
offender against law. This paper plans to counter this by featuring the burdens
of criminalization of medication abusers and weights on an elective remain of
review them as survivors of medication misuse.The paper crosses the
criminological hypotheses from mental to discerning decision and supports the
contention with a continuous intercession model of the law authorization
organizations with network, casualties and guilty parties.
KEYWORDS: Drug
addiction, Drugs, Narcotics, Laws
INTRODUCTION.
Addiction to drugs is a social
cunning. Opiates and other reliance-inducing drugs have been used in some form
or another on the planet since prehistoric times. Additionally, trading these
substances has been going on for a long time. Opiates began to be used in
Western therapeutic practices in the middle of the last decade of the nineteenth
century, regardless of your perspective. They were widely used both
therapeutically and recreationally for their sedative, euphoric, and
anticipated recuperative effects. They had long been known for the purported
positive effects due to their molecular structure.[1]
Drug abuse is the use of a substance
for purposes other than those prescribed by a doctor and in a quantity,
frequency, or pattern that harms one's physical and mental health. The study
claims that drug use not only kills a person but also harms his physical and
mental health. His family and social ideals are destroyed. In India, marijuana,
heroin, and opium are the most commonly abused narcotics.
Due to their widespread availability
and local cultivation, they are mostly employed for cultural and traditional
purposes. However, there have been reports of a rise in the abuse of
prescription medications such cough syrups with codeine and morphine, proxyvon,
ephedrine, and morphine, as well as diazepam. The majority of addicts are
between the ages of 15 and 35, making this the most prolific age range.Drug
dealing and misuse are a global marvel, have taken on the characteristics of a
scourge, influence the fiscal policies of the State, degrade the
infrastructure, and are also threatening the future of the country. Opiate
drugs and psychotropic substances have been viewed as one of the most
incredibly awful adversaries of the people through hundreds of years, and
continue to be respected so in this rational and mechanical age.The
Opium Act of 1857, the Opium Act of 1878, and the Dangerous Drugs Act of 1930 were
all in place to combat illicit drug trafficking in India even during the 1950s.[2]
However, all three of these laws have since been repealed, and the Narcotics
Drugs and Psychotropic Substances Act of 1985 has taken their place.
CLASSIFICATIONS OF DRUGS
When the word "drugs" is
used today, the word "intoxication" immediately springs to mind, but
in Indian history, narcotics like bhang
and charas have long been utilized for therapeutic purposes. What led to
drug abuse in India when drugs were used responsibly?
The Golden Crescent, which is made up
of the adjacent nations of Afghanistan, Pakistan, and Iran, holds the solution.
The Golden Crescent has a monopoly on the production of drugs like opium and
heroin throughout the world. A significant amount of drugs enter India over the
Indo-Pak Border from these three countries. In Punjab, the effects of drug
usage are evident.The Golden Triangle, which is the second-largest opium
producer in the world, is formed on the Eastern side by Myanmar (Burma),
Thailand, and Laos. Large-scale opium (afeem) farming is practiced in all of
these countries.
Drugs that are classified most
commonly, psychedelic substances
lead to mental dependence, although other drug classes can lead to both types
of excessive dependence:
1. Narcotic, such as heroin, morphine,
opium, synthetic drugs, etc.
2. Depressant Substances
3. Drugs Stimulants
4. Pemoline and methylphenidate
5. Cocaine
Cannabis and opium misuse
are both long-standing problems in India. There are several references to the
recreational use of cannabis in Indian literature, where the herb is still
widely used for its psychedelic effects. The Atharva Veda, which is believed to
have been written approximately 2000 BC, contains the most trustworthy mention
of cannabis' psychotropic properties.
IMPACT OF DRUG ADDITCTION IN INDIAN SOCIETY.
Drug misuse has detrimental effects
on not just the user but also their friends and family, various enterprises,
and government resources. The ONDCP recently stated that the economic cost of
drug usage to the United States in 2002 was $180.9 billion, despite the fact
that many of these impacts are indescribable.
The most noticeable repercussions of
drug usage, which show themselves in drug users, are disease, poor health, and
eventually death. The transmission of diseases transmitted via needles, such as
hepatitis and HIV/AIDS, through the use of injectable drugs is very harmful to
the health of drug users. According to NSDUH data, approximately 3.5 million
adults 18 and older reported to injecting an illegal substance at some point in
their lives in 2004. 14 percent (498,000) of these persons were under the age
of 26.
When a child's parents or guardians
produce illegal narcotics like methamphetamine, the risk to the child is
significantly higher. Utilizing dangerous substances like hydraulic acid,
iodine, and anhydrous ammonia, methamphetamine addicts frequently manufacture
the drug in their own houses and apartments.[3]
Children who live in such households frequently breathe in hazardous chemical
vapors and gases, consume harmful substances, or use illegal drugs. These young
people frequently test positive for methamphetamine and have both immediate and
long-term health problems. In addition, since many people who make
methamphetamine also abuse it, neglecting children often results in their
psychological and developmental issues. According to NCLSS data, 9,895 illegal
methamphetamine production facilities were shut down by American law
enforcement agencies in 2004. These organizations claim that these laboratories
had an impact on 2,474 youngsters.[4]
LEGAL PERSPECTIVE
The main statute used by the state to
regulate the use of narcotic drugs and psychoactive substances is the NDPS Act of
1985. These laws were passed to control and regulate the use of particular
pharmaceuticals under specific conditions. The National Drugs and Psychotropic
Substances Act was enacted by the Indian government in 1985. The Act grants the
government the power to set up however many Special Courts it deems necessary
for the swift resolution of disputes.
The Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereafter referred to as the NDPS Act) was passed to
codify and update the law on narcotic drugs, as well as to provide strict
guidelines for the supervision and control of activities using these
substances. Narcotic drugs and psychotropic substances cannot be created,
manufactured, grown, owned, sold, transported, purchased, or used according to
the law. The NDPS Act tries to address the issue of drug addiction as well.
Drug addiction is a disorder in which a person can no longer regulate their
drug use and uses them frequently, leading to addiction, which subsequently
impacts their behavior and brain.
Important Judgments related to NDPS act, 1985
A)
Gujarat State v. Mahesh Laxmanbhai
Patel, (2002) 4 GLR 3127.
The judge in this case acknowledged
the prosecution's evidence and determined that the accused's possession of 6
grammes of brown sugar and his involvement in offences punishable by Sections
8(C) and 21 of the NDPS Act were established beyond a reasonable doubt.
Additionally, it was determined that all of the NDPS Act's mandatory
requirements had been met and that none of those requirements had been
violated. The Court issued a sentence directive.[5]
B)
Rajesh v. State of Kerala (AIR 2020
SC 721)
In this instance, the Apex Court had
ruled that in addition to the restrictions imposed by Section 439 of the CrPC,
the restrictions imposed by Section 37 of the NDPS Act would also apply to the
use of the power to grant bail. According to Section 37 of the NDPS Act, no one
may be granted a larger bail amount under the Act unless the prosecution has
been given a chance to object and the court has determined that there are
plausible reasons for the accused's innocence.
C)
State of Punjab v. Gurdev Singh
[Criminal Appeal No. 375 of 2021] .[6]
The Hon'ble Supreme Court noted in
this instance that drug dealers contribute significantly to the deaths of
young, innocent people who are most at risk for developing a drug addiction.
Therefore, in the NDPS Act case, the accused's poverty or the fact that he was
the only provider for his family could not be taken into account while
determining his punishment or sentence. However, under Section 32B of the NDPS
Act, the amount of narcotic substance recovered would be a relevant
consideration when imposing a sentence greater than 10 years.
The NDPS Act was passed with the
intention of regulating and controlling the usage and transit of illegal
substances. The Act has been put into effect and is still accomplishing its
purpose. The introduction of the Act's regulations by the Union, State, and
Local Government has been successful in bringing about a favourable shift in
society. To sum up, using drugs like heroin and other comparable substances to
get drunk and have fun will be bad for society and dangerous for the person. So
let common reason win, and drug misuse will end.
JUDICIAL APPROACH IN DRUG ADDICTION.
The framework that must be obtained
by the approval specialists with the ultimate goal of this show taking into
account the truth combined with the seriousness of the offence and exhaustive
order is covered in Part V of the NDPS Act. The exhibition provides some
exceptional framework in regard to section, chase, seizure, and catch under the
exhibition in order to ensure that drugs are not planted and in connection with
the intrinsic notion of offences. These strategies seek to ensure that people
are simply and accurately sought out, as well as to maintain the legitimacy and
truthfulness of any verification obtained as a result of such interest.[7]
The Supreme Court of India held that
the very assurance that clause (2) of section 42 requires
that where an official withholds any information under subsection (1) or
records avocation for his conviction under the section (2)'s clause where an
official withholds any information under subsection (1) or records avocation
for his conviction under the clause (2)'s clause where an official withholds
any information under subsection (1) or records avocation under the clause
(2)'s clause. Additionally, the facts gathered will be reduced into writing so
that it may be generally determined whether there are adequate justifications
for conviction.
CONCLUSION.
With the illegal use of drugs, noise
management, overeating, and other issues, India is now facing a serious
problem. The Narcotic Drugs and Psychotropic Substances Act, 1985 is supported
in this way. This Act strengthens and tightens the penalties for crimes
involving sedative drugs and psychoactive substances.
However, these violations are
spreading across all racial and socioeconomic groups in society. Therefore, the
main goal of this examination is to determine the standard response. Abuse of
drugs is a societal vice. Opiates and other drugs that cause dependence have
been utilised in some form or another on the planet since prehistoric times.
The trading of these chemicals has also been going on for a long time.Through
many years, sedative drugs and psychotropic chemicals have been viewed as one
of the most dreadful enemies of people, and they still are in this
sophisticated and artistic era. Medication abuse and management as a general phenomenon
have evolved into a pandemic that endangers not only the future of mankind but
also the financial well-being of States. The illegal handling and usage of
these drugs is growing alarmingly quickly. If the man's addiction to these
narcotics isn't controlled, it will bring about an enormous tragedy for
everyone and everything in the present and the future. Abuse has emerged as the
most important problem affecting individuals, families, and society as a whole.
[1](No date) United Nations Office
on Drugs and Crime. Available at:
https://www.unodc.org/pdf/technical_series_1998-01-01_1.pdf (Accessed: 29
September 2023).
[2]Nahvizadeh, M.M. et al.
(2014) A review study of substance abuse status in high school students,
Isfahan, Iran, International journal of preventive medicine. Available at:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4476010/ (Accessed: 29 September
2023).
[3](No date a) Review Study of
Substance Abuse Status in high school students, Isfahan ... Available at:
https://www.researchgate.net/profile/Ziba-Farajzadegan/publication/277963422_A_Review_Study_of_Substance_Abuse_Status_in_High_School_Students_Isfahan_Iran/links/6162ab62ae47db4e57b8f38d/A-Review-Study-of-Substance-Abuse-Status-in-High-School-Students-Isfahan-Iran.pdf?origin=publication_detail
(Accessed: 29 September 2023).
[4](No date a) (PDF) knowledge
regarding drug abuse among school students - researchgate. Available at:
https://www.researchgate.net/publication/349346635_Knowledge_Regarding_Drug_Abuse_among_School_Students
(Accessed: 29 September 2023).
[5]Doshi, K. (no date) NDPS act:
Important sections and landmark judgments, lawyersclubindia. Available at:
https://www.lawyersclubindia.com/articles/ndps-act-important-sections-and-landmark-judgments-14894.asp
(Accessed: 29 September 2023).
[6](No date a) Gurdev Singh vs the
state of Punjab on 6 April, 2021. Available at:
https://indiankanoon.org/doc/141599412/ (Accessed: 29 September 2023).
[7](No date a) The impact of drugs
on society - national drug threat assessment 2006. Available at:
https://www.justice.gov/archive/ndic/pubs11/18862/impact.htm (Accessed: 29
September 2023).
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International Journal for Legal Research and Analysis
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