FROM PROHIBITION TO ENFORCEMENT: UNDERSTANDING LEGAL INTRICACIES IN THE NDPS ACT, 1985

The Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 was enacted to address the growing challenges posed by illicit drug use in India. The NDPS Act categorizes various narcotic drugs and psychotropic substances, detailing the penalties associated with offenses, which can range from fines to capital punishment depending on the severity of the crime. The Act of 1985 also contains specific provisions pertaining to licensing and regulatory measures for the cultivation, production, and distribution of these substances for legitimate medical and scientific purposes. This research paper provides a descriptive and thorough analysis of the substantial provisions of the NDPS Act, and an endeavor has been made by the author to analytically review the enforcement mechanism provided under the Act with the help of evolving jurisprudence in the matters involving drug contraband.

The paper highlights the dual need for strict control to prevent abuse and misuse while ensuring the availability of these substances for legitimate medical and scientific purposes. This paper addresses significant challenges in drug law enforcement, including corruption and inadequate resources, and suggests potential reforms to create more effective and equitable drug policies that prioritize public health and social justice in India. Furthermore, the research also points out the existing gaps in the statutory provisions and enforcement strategies with suggestive measures to take them. The paper concludes by emphasizing the importance of revising the NDPS Act to better address the complexities of drug policy reform and its implications for these communities. This research aims to contribute to the ongoing discourse on drug policy in India, advocating for a balanced approach that considers both enforcement and policy shift in matters of NDPS Act.