A COMPARISON OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT WITH DRUGS AND COSMETICS ACT: SALIENT DIFFERENCES
Abstract
This article assesses the comparison of Narcotic Drugs and Psychotropic Substances Act (NDPS Act) with the Drug and Cosmetic Act (D & C Act) and also point out the salient features of NDPS Act. Drugs and Cosmetics Act, 1940 is a life-saving statue. It was enacted with an objective to regulate the import, manufacture, distribution and sale of drugs and cosmetics without licensing. Domestic legislation for regulating narcotic drugs and psychotropic substances in India has come in the form of NDPS Act, 1985, with an objective to limit the use of these substances and to prevent the abuse of these drugs. Both the aforesaid acts regulate narcotic drugs and psychotropic substances but the NDPS Act is special and strictest legislation for these substances. Stringent provisions of this act are examined in depth like minimum mandatory sentence of ten years and fine of one lakh rupees, offences are cognizable and non-bailable, consumption of drugs is also punishable offence, death sentence for certain repeat offences, attempt to commit an offence would be punishable with similar sentence as provided for that offence, power to tender immunity from prosecution, etc. In this article the authors provides some necessary recommendations in D & C Act on the basis of NDPS Act and also highlights some lacunas in both acts which need to be overcome.
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