The NDPS Act is a law made to control and stop drug-related crimes in India. It deals with the production, sale, possession, transport, and use of narcotic drugs (like heroin, opium, ganja) and psychotropic substances (like LSD, MDMA, etc.).
Key Points:
- Buying, selling, or using illegal drugs is a crime under this act.
- Even possession of a small quantity of banned drugs can lead to jail.
- Punishment depends on quantity—small (up to 1 year) or commercial (up to 20 years).
- No bail is allowed easily—drug crimes are taken very seriously.
- Addicts who voluntarily seek treatment can be spared from punishment.
- Police and Narcotics Bureau (NCB) can raid, search, and arrest without a warrant.
- The law also controls medicines that contain narcotic substances.
Purpose:
To stop drug abuse and illegal drug trade and protect society, especially the youth.
FAQs – NDPS Act, 1985
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Q. What is the NDPS Act?
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A. It is a law to stop illegal drugs—buying, selling, using, and producing them.
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Q. What are narcotic and psychotropic substances?
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A. Narcotics are drugs like heroin, opium, ganja; psychotropic substances include LSD, MDMA, etc.
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Q. Is it a crime to use drugs personally under this law?
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A. Yes, even using a small amount of illegal drugs is punishable.
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Q. What happens if I’m caught with drugs?
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A. You can be arrested and jailed. The punishment depends on the quantity.
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Q. What is considered a small quantity under the Act?
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A. Small quantity is defined differently for each drug (e.g., heroin <5g, ganja <1kg).
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Q. What is a commercial quantity?
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A. A larger amount meant for sale or trafficking (e.g., heroin >250g, ganja >20kg).
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Q. What is the punishment for drug possession?
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A. Small quantity: up to 1 year; large/commercial quantity: 10–20 years + fine.
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Q. Is bail easily available under NDPS?
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A. No. Getting bail under NDPS is very difficult, especially for commercial quantity cases.
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Q. Can I go to jail for smoking ganja?
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A. Yes. Ganja (marijuana) is banned under the NDPS Act.
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Q. Are medicines with narcotics allowed?
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A. Only under strict medical rules and a doctor’s prescription.
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Q. What if someone is addicted and wants to stop?
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A. If the person voluntarily goes for treatment, they may be spared punishment.
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Q. Who enforces the NDPS Act?
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A. Police, Narcotics Control Bureau (NCB), and other enforcement agencies.
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Q. Can police search my home without a warrant?
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A. Yes, under this law, police can search and seize without a warrant in urgent cases.
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Q. Are first-time users treated differently?
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A. They may be sent for rehab instead of jail, but only in small quantity cases.
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Q. What if someone is caught by mistake?
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A. The person can defend themselves in court but will still be arrested first.
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Q. Can I carry cannabis oil or edibles legally?
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A. No, unless specially allowed for medical use. Recreational use is banned.
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Q. Can foreigners be punished under NDPS in India?
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A. Yes. NDPS applies to all persons within India, including foreigners.
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Q. Is there a difference between a drug user and a trafficker?
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A. Yes. Traffickers face harsher punishment than personal users.
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Q. Can my property be taken away if I’m involved in drugs?
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A. Yes, the government can seize property earned through drug crimes.
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Q. Can minors (below 18) be arrested under NDPS?
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A. Yes, but they are dealt with under juvenile laws.
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