Law Relating to Narcotic Drugs and Psychotropic Substances

A Comprehensive Commentary on Narcotic Drugs & Psychotropic Substances Act 1985
and Step by Step Practical Guide for Enforcement Agencies and Pharmaceutical Industries
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Description
During the course of the analysis of the conviction secured vis-a-vis the cases booked by the empowered departments, the results were shocking. The impact analysis of the judgments rendered by the Hon'ble Supreme Court and the Hon'ble High Courts on various issues led to the irresistible conclusion that the empowered officers require proper guidance at every stage of the case until the charge sheet or complaint, as the case may be, came to be filed before the Trial Courts. Keeping in view the situation the empowered officers were placed, the authors, as Drug Law Enforcement Officers, while handling the cases booked under the NDPS Act, 1985 realised the need of a practical guide book on enforcement operations under the Act. Therefore, an attempt has been made to make a simple version on practical aspects of implementation of various provisions of the Act by the enforcement officers based on up-to-date judgments of the Hon'ble Supreme Court, High Courts and Trial Courts. To provide a clear, simple and authentic meanings and explanation of various terms and expressions used in the Act, which were brought from the International Conventions on drugs and substances India being signatory to the conventions, the authors have extensively relied upon various publications of the UN, UNODC and WHO viz. the Multilingual Dictionary of Narcotic Drugs and Psychotropic Substances under International Control, Commentary on the Single Convention on Narcotic Drugs, 1961, Commentary on the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, Terminology and Information on Drugs, Extracts and Tinctures of Cannabis, Cannabis Plant and Resin, World Drug Reports, etc.
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Table of Contents
Part I : Preview
Chapter 1 : Flow Charts on Enforcement Operations
Chapter 2 : Step-by-Step Proceedings & Documents in Detection, Investigation, Prosecution
                         of NDPS Cases in a Condensed Form 
Part II : General
Chapter 3 : An Overview of the NDPS Act, 1985
Chapter 4 : Understanding Drugs and Substances
Chapter 5 : Characteristics of Drugs and Substances
Chapter 6 : Nomenclature and Identification of Drugs and Substances
Chapter 7 : Prohibition, Control, Regulation, etc.
Chapter 8 : Implementation of Provisions of the Act
Part III : Enforcement
Chapter 9 : Empowered Officers
Chapter 10 : Mandatory Provisions
Chapter 11 : Offences and Punishment
Chapter 12 : Information
Chapter 13 : Search
Chapter 14 : Seizure
Chapter 15 : Enquiry
Chapter 16 : Arrest
Chapter 17 : Drawal of Samples
Chapter 18 : Investigation
Chapter 19 : Financial Investigation
Chapter 20 : Prosecution
Chapter 21 : Bail
Chapter 22 : Trial in NDPS Cases
Chapter 23 : Forfeiture of Illegally Acquired Property
Chapter 24 : Preventive Detention
Part IV : Pharmaceutical Industries
Chapter 25 : Application of NDPS Act, 1985 to the Pharmaceutical Industries
Part V : Knowledge Enhancement Topics
Topic 1 : Opioids versus Cannabinoids
Topic 2 : Cannabis Plant – Myths, Realities, and Laws in India
Topic 3 : CBD Oil v. Hemp Seed Oil
Topic 4 : Electronic Evidence Admissibility and Proof Required thereof
Topic 5 : Surface Web, Deepweb, Darknet and Illicit Trafficking
Topic 6 : Vexatious Entry, Search, Seizure or Arrest – Free and Fair Investigation –
                   Protection of Action taken in Good Faith- Interdependence thereof – Dealing in
                   Drugs by Empowered Officers 
Topic 7 : Controlled Delivery Offences by Companies
Topic 8 : Commission of Offence under the Act by Juvenile
Topic 10 : Use of Animals as Courier of Drugs or for Concealment of Druge
Topic 11 : The Repatriation of Prisoners Act, 2003 read with Transfer of Prisoners (Republic
                     of India) Regulations, 2006 in Drugs Cases 
Topic 12 : Inter Play amongst the Provisions of (i) The Foreign Trade (Development and
                     Regulation) Act, 1992 & Foreign Trade Policy 2015-2020 framed thereunder, (ii) Drugs
                     and Cosmetics Act, 1940 & the rules made thereunder, (iii) The NDPS Act, 1985 & the
                     Rules made thereunder and (iv) The Customs Act, 1962
Topic 13 : Procuring Independent Witnesses – How to Overcome by using the Provisions of
                    section 56 of the Act
Topic 14 : Pre-trial Disposal of Conveyance
Topic 15 : The Challenges
Glossary
Notifications and Statutory Order Cited in the Book
Amendment in NDPS Act - Reference by Hon'ble High Courtof Tripura
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Author Details
Bidyut Kumar Banerjee, recipient of Presidential Award for 'Specially Distinguished Record of Service' joined the service in the year 1978 and retired on superannuation as Assistant Director, DRI (HQ.), New Delhi in the year 2016. He served more than 25 years in premier intelligence agencies viz. Directorate of Revenue Intelligence, Directorate General of Central Excise  Intelligence (now Directorate General of Goods and Services Tax Intelligence) and Central Economic Intelligence Bureau. He has vast experience in the field of combating indirect tax evasion, and illicit trafficking of narcotic drugs and substances. He also represented India in a seminar on 'Planning Meeting of Storm Enforcement Network on Medical Product Counterfeiting and Pharmaceutical Crime' at Singapore, organised by INTERPOL.
Srinivasan Gopal is a graduate from the University of Madras and he did his law from Delhi University. Apart from the regular in-house training to various departmental officers, he is a regular faculty at the National Academy of Indirect Taxes and Customs, Faridabad for IRS Probationers and for other ranks of officers of various formations of CBIC at National Academy of Indirect Taxes and Customs, Zonal Training Institutes located at Saket, New Delhi, Bhopal and Jaipur. He has also held regular sessions for the officers of NCB, New Delhi at National Academy of Indirect Taxes and Customs, Zonal Training Institutes, New Delhi. He also delivers lectures at regular intervals on NDPS Act, 1985 to the officers of Border Security Force, Shashtra Seema Bal and Indian Coast Guard. He is also the content provider for the Mobile APP Indian Customs Traveller Guide launched by the Central Board of Excise and Customs (now CBIC), New Delhi. He has also brought out the Delhi Air Customs Manual for the benefit of the Departmental Officers and the general public.