Narcotic Drugs and Psychotropic Substances Act, 1985: A Comprehensive Doctrinal, Constitutional and Empirical Study

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is one of such strict penal laws in India, which was passed to fight the growing threat of drug abuse and drug dealing. The Act is grounded on international treaty duty, and domestic policy issues, to bring a tacit rigorous framework where the liability is strict, and the burden of proving the case is reversed with harsh penalties. This study has a critical doctrinal, constitutional and empirical examination of the NDPS Act. It casts a critical look into the legislative framework, judicial interpretation, procedural protection and enforcement issue that relate to the Act. The work also incorporates the criminological theories, as well as, comparative international approach in assessing its usefulness. It contends that although the NDPS act can be a potent deterrent in curbing drug related crimes, the strict provisions of the act have big question marks on the due process, proportionality and human rights. This paper will end by giving the recommendation of a balanced method of rehabilitating and enforcing the law with the insistence and constitutional protection.