Commentary on the Narcotic Drugs and Psychotropic Substances Act

 ......................................................................................................................................
Description
Drug abuse, drug trafficking, arms trafficking, money laundering, and narco-terrorism are some of the white-collar crimes faced by the new millennium. The explosive escalation of the illicit use in narcotic drugs and psychotropic substances has become a lethal phenomenon everywhere today, with the result that the rich and the poor alike, including students of both sexes, are falling prey in the hands of the powerful lobby of smugglers of these drugs and substances who amass wealth in a couple of days. The dangers flowing from illicit traffic in narcotic drugs have been recognised world-wide, and so agitated in the conscious of world community that they are the subject of international conventions like the Single Convention on Narcotic Drugs, 1961, the Convention on Psychotropic Substances, 1971, and the Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 to which India is a party. Realising the danger of drug abuse and the illicit trafficking therein, due to geographical location of India between 'golden triangle' (consisting of Burma, Thailand and Laos) and 'golden crescent' (consisting of Afghanistan, Pakistan and Iran) - the two major suppliers of illicit opium and its derivates; and its market being in the west and the danger of India becoming the transit route, the Indian Parliament enacted the Narcotic Drugs and Psychotropic Substances Act, in 1985 (which came into force on 14th day of November, 1985) in which deterrent punishment of rigorous imprisonment which shall not be less than ten years; and fine which shall not be less than one lakh rupees was prescribed for those found guilty for most of the offences under the Act. The Act has been amended in 1989, 1991, 2014 and 2021. The earlier edition of the book received overwhelming response from the bench, bar and all those who have to deal with this legislation and the reviews of the book published in various journals bear testimony that the book enjoyed the reputation of a standard and reliable commentary on the subject.
The authors are grateful to Smt Usha Barowalia for her active support in the completion of this work. Our special thanks are also due to Dr Aarushi Jain, Director, Indian School of Business and Dr Abhishek Jain, IAS, Secretary (Education and IT) to Government of Himachal Pradesh, for going through the manuscript of the book and dear Advika Jain and Abhishree Barowalia, to whom authors could not devote full attention while they were busy in revising this book.
The authors express sincere gratitude for full and sincere co-operation extended by the publishers, LexisNexis for the excellent production of this book. We hope and trust and are confident that this revised edition of the book shall meet the demand and labour put by the uthors will receive its due reward and the book shall be found of considerable assistance to Hon'ble judges, learned legal practitioners, law enforcement agencies, students of law and by Il those who have to deal with this legislation.
June 2023
......................................................................................................................................
Table of Contents
Chapter 1. Preliminary
Chapter 2. Authorities and Officers
Chapter 3. Prohibition, Control and Regulation
Chapter 4. Procedure
Chapter 5. Forfeiture or Illegally Acquired Property
Chapter 6. Miscellaneous
......................................................................................................................................
Author Details
Dr JN Barowalia. former Principal Secretary (Law)-cum-Legal Remembrancer to the Government of Himachal Pradesh, is an eminent jurist and has been conferred with Himutkarsha's National Integration Award as Crusader against Social Evils'. Dr Barowalia had a brilliant academic record and obtained his BA Degree from Punjab University securing first position in his college and his LL B Degree from Himachal Pradesh University in first division. He has the distinction of being Ph D in Economics. He has taken keen interest in extra-curricular activities, declamation contests and had been a good player of badminton, table tennis and golf. He is a life member of the Shimla Ice Skating Club. Dr JN Barowalia topped in the Himachal Pradesh Judicial Services Competitive Examination and served as Sub Judge-cum-Judicial Magistrate for about eight years; as Senior Sub Judge-cum-Chief Judicial Magistrate for almost eleven years and then worked in the Higher Judicial Service for about fourteen years. He served as District and Sessions Judge, Incharge of Kullu and Lahaul Sessions Division, Una Sessions Division and Kangra Sessions Division at Dharamshala. He had been Principal Secretary to Chief Justice-cum-Registrar, High Court of Himachal Pradesh and thereafter Principal Secretary (Law)-cum-Legal Remembrancer to the Government of Himachal Pradesh till his retirement. After retirement, he is leading an active life and besides delivering lectures in various workshops and seminars. He has presided over a number of National Lok Adalats in the High Court of Himachal Pradesh and had also been appointed as sole Arbitrator in a number of arbitration cases by the High Court of Himachal Pradesh and the State Government.