Study of narcotics amongst youth and its rehabilitation

by

Apoorva Pramod Bhagwagar

V.t. choksi sarvajanik college of law,

Surat

[DOCTRINAL RESEARCH]

SUBMITTED TO THE

FACULTY OF LAW

VEER NARMAD SOUTH GUJARAT UNIVERSITY,

SURAT

IN PARTIAL FULFILLMENT OF THE

REQUIRMENT FOR THE DEGREE OF

MASTER OF LAW

(2019-2020)
Understanding Drug Use and Addiction
Many people don't understand why or how other people become addicted to drugs. They may
mistakenly think that those who use drugs lack moral principles or willpower and that they could
stop their drug use simply by choosing to. In reality, drug addiction is a complex disease, and
quitting usually takes more than good intentions or a strong will. Drugs change the brain in ways
that make quitting hard, even for those who want to. Fortunately, researchers know more than
ever about how drugs affect the brain and have found treatments that can help people recover
from drug addiction and lead productive lives.

What Is drug addiction?

Addiction is a chronic disease characterized by drug seeking and use that is compulsive, or
difficult to control, despite harmful consequences. The initial decision to take drugs is voluntary
for most people, but repeated drug use can lead to brain changes that challenge an addicted
person’s self-control and interfere with their ability to resist intense urges to take drugs. These
brain changes can be persistent, which is why drug addiction is considered a "relapsing" disease
—people in recovery from drug use disorders are at increased risk for returning to drug use even
after years of not taking the drug.

It's common for a person to relapse, but relapse doesn't mean that treatment doesn’t work. As
with other chronic health conditions, treatment should be ongoing and should be adjusted based
on how the patient responds. Treatment plans need to be reviewed often and modified to fit the
patient’s changing needs.

What happens to the brain when a person takes drugs?

Most drugs affect the brain's "reward circuit," causing euphoria as well as flooding it with the
chemical messenger dopamine. A properly functioning reward system motivates a person to
repeat behaviors needed to thrive, such as eating and spending time with loved ones. Surges of
dopamine in the reward circuit cause the reinforcement of pleasurable but unhealthy behaviors
like taking drugs, leading people to repeat the behavior again and again.

As a person continues to use drugs, the brain adapts by reducing the ability of cells in the reward
circuit to respond to it. This reduces the high that the person feels compared to the high they felt
when first taking the drug—an effect known as tolerance. They might take more of the drug to
try and achieve the same high. These brain adaptations often lead to the person becoming less
and less able to derive pleasure from other things they once enjoyed, like food, sex, or social
activities.

Long-term use also causes changes in other brain chemical systems and circuits as well, affecting
functions that include:

 learning
 judgment
 decision-making
 stress
 memory
 behavior

Despite being aware of these harmful outcomes, many people who use drugs continue to take
them, which is the nature of addiction.

Why do some people become addicted to drugs while others don't?

No one factor can predict if a person will become addicted to drugs. A combination of factors
influences risk for addiction. The more risk factors a person has, the greater the chance that
taking drugs can lead to addiction. For example:

 Biology. The genes that people are born with account for about half of a person's risk for
addiction. Gender, ethnicity, and the presence of other mental disorders may also
influence risk for drug use and addiction.
 Environment. A person’s environment includes many different influences, from family
and friends to economic status and general quality of life. Factors such as peer pressure,
physical and sexual abuse, early exposure to drugs, stress, and parental guidance can
greatly affect a person’s likelihood of drug use and addiction.
 Development. Genetic and environmental factors interact with critical
developmental stages in a person’s life to affect addiction risk. Although taking drugs at
any age can lead to addiction, the earlier that drug use begins, the more likely it will
progress to addiction. This is particularly problematic for teens. Because areas in their brains
that control decision-making, judgment, and self-control are still developing, teens may be
especially prone to risky behaviors, including trying drugs.
Can drug addiction be cured or prevented?

As with most other chronic diseases, such as diabetes, asthma, or heart disease, treatment for
drug addiction generally isn’t a cure. However, addiction is treatable and can be successfully
managed. People who are recovering from an addiction will be at risk for relapse for years and
possibly for their whole lives. Research shows that combining addiction treatment medicines
with behavioral therapy ensures the best chance of success for most patients. Treatment
approaches tailored to each patient’s drug use patterns and any co-occurring medical, mental,
and social problems can lead to continued recovery.

More good news is that drug use and addiction are preventable. Results from NIDA-funded
research have shown that prevention programs involving families, schools, communities, and the
media are effective for preventing or reducing drug use and addiction. Although personal events
and cultural factors affect drug use trends, when young people view drug use as harmful, they
tend to decrease their drug taking. Therefore, education and outreach are key in helping people
understand the possible risks of drug use. Teachers, parents, and health care providers have
crucial roles in educating young people and preventing drug use and addiction.

Points to Remember

 Drug addiction is a chronic disease characterized by drug seeking and use that is
compulsive, or difficult to control, despite harmful consequences.
 Brain changes that occur over time with drug use challenge an addicted person’s self-
control and interfere with their ability to resist intense urges to take drugs. This is why
drug addiction is also a relapsing disease.
 Relapse is the return to drug use after an attempt to stop. Relapse indicates the need for
more or different treatment.
 Most drugs affect the brain's reward circuit by flooding it with the chemical messenger
dopamine. Surges of dopamine in the reward circuit cause the reinforcement of
pleasurable but unhealthy activities, leading people to repeat the behavior again and
again.
 Over time, the brain adjusts to the excess dopamine, which reduces the high that the
person feels compared to the high they felt when first taking the drug—an effect known
as tolerance. They might take more of the drug, trying to achieve the same dopamine
high.
 No single factor can predict whether a person will become addicted to drugs. A
combination of genetic, environmental, and developmental factors influences risk for
addiction. The more risk factors a person has, the greater the chance that taking drugs can
lead to addiction.
 Drug addiction is treatable and can be successfully managed.
  More good news is that drug use and addiction are preventable. Teachers, parents, and
health care providers have crucial roles in educating young people and preventing drug
use and addiction.

Drugs, Brains, and Behavior: The Science of

Addiction
Drug Misuse and Addiction

What is drug addiction?

Addiction is defined as a chronic, relapsing disorder characterized by compulsive drug seeking

and use despite adverse consequences.† It is considered a brain disorder, because it involves
functional changes to brain circuits involved in reward, stress, and self-control, and those
changes may last a long time after a person has stopped taking drugs.11

Addiction is a lot like other diseases, such as heart disease. Both disrupt the normal, healthy
functioning of an organ in the body, both have serious harmful effects, and both are, in many
cases, preventable and treatable. If left untreated, they can last a lifetime and may lead to death.

Source: Facing Addiction in America: The Surgeon General's Report on Alcohol, Drugs, and Health.

Modified with permission from Volkow et al. 1993.

Note: These PET scans compare the brain of an individual with a history of cocaine use disorder (middle
and right) to the brain of an individual without a history of cocaine use (left). The person who has had a
cocaine use disorder has lower levels of the D2 dopamine receptor (depicted in red) in the striatum one
month (middle) and four months (right) after stopping cocaine use compared to the non-user. The level
of dopamine receptors in the brain of the cocaine user are higher at the 4-month mark (right), but have
not returned to the levels observed in the non-user (left).

†
The term addiction as used in this booklet is equivalent to a severe substance use disorder as
defined by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5,
2013).
Why do people take drugs?

In general, people take drugs for a few reasons:

 To feel good. Drugs can produce intense feelings of pleasure. This initial euphoria is followed by
other effects, which differ with the type of drug used. For example, with stimulants such as
cocaine, the high is followed by feelings of power, self-confidence, and increased energy. In
contrast, the euphoria caused by opioids such as heroin is followed by feelings of relaxation and
satisfaction.
 To feel better. Some people who suffer from social anxiety, stress, and depression start using
drugs to try to feel less anxious. Stress can play a major role in starting and continuing drug use
as well as relapse (return to drug use) in patients recovering from addiction.
 To do better. Some people feel pressure to improve their focus in school or at work or their
abilities in sports. This can play a role in trying or continuing to use drugs, such as prescription
stimulants or cocaine.
 Curiosity and social pressure. In this respect, teens are particularly at risk because peer pressure
can be very strong. Teens are more likely than adults to act in risky or daring ways to impress
their friends and show their independence from parents and social rules.

If taking drugs makes people feel good or better, what's the problem?

When they first use a drug, people may perceive what seem to be positive effects. They also may
believe they can control their use. But drugs can quickly take over a person's life. Over time, if
drug use continues, other pleasurable activities become less pleasurable, and the person has to
take the drug just to feel “normal.” They have a hard time controlling their need to take drugs
even though it causes many problems for themselves and their loved ones. Some people may
start to feel the need to take more of a drug or take it more often, even in the early stages of their
drug use. These are the telltale signs of an addiction.

Even relatively moderate drug use poses dangers. Consider how a social drinker can become
intoxicated, get behind the wheel of a car, and quickly turn a pleasurable activity into a tragedy
that affects many lives. Occasional drug use, such as misusing an opioid to get high, can have
similarly disastrous effects, including overdose, and dangerously impaired driving.
Do people freely choose to keep using drugs?

The initial decision to take drugs is typically voluntary. But with continued use, a person's ability
to exert self-control can become seriously impaired; this impairment in self-control is the
hallmark of addiction.

Brain imaging studies of people with addiction show physical changes in areas of the brain that
are critical to judgment, decision-making, learning and memory, and behavior control.12 These
changes help explain the compulsive nature of addiction.

Why do some people become addicted to drugs, while others do not?

No single factor determines whether a person will become addicted to drugs.

As with other diseases and disorders, the likelihood of developing an addiction differs from
person to person, and no single factor determines whether a person will become addicted to
drugs. In general, the more risk factors a person has, the greater the chance that taking drugs will
lead to drug use and addiction. Protective factors, on the other hand, reduce a person's risk. Risk
and protective factors may be either environmental or biological.

Risk Factors Protective Factors

Aggressive behavior in childhood13,14 Good self-control15

Lack of parental supervision14,16 Parental monitoring and support16-18

Poor social skills13,17,18 Positive relationships17,19

Drug experimentation14,20,21 Good grades17,22

Availability of drugs at school21,23 School anti-drug policies17

Community poverty24,25 Neighborhood resources26

Risk Factors Protective Factors

What biological factors increase risk of addiction?

Biological factors that can affect a person's risk of addiction include their genes, stage of
development, and even gender or ethnicity. Scientists estimate that genes, including the effects
environmental factors have on a person's gene expression, called epigenetics, account for
between 40 and 60 percent of a person's risk of addiction.27 Also, teens and people with mental
disorders are at greater risk of drug use and addiction than others.28
What environmental factors increase the risk of addiction?
=====================================================================================

Children's earliest interactions within the family are crucial to their healthy development and risk for
drug use.

Environmental factors are those related to the family, school, and neighborhood. Factors that can
increase a person's risk include the following:

 Home and Family. The home environment, especially during childhood, is a very important
factor. Parents or older family members who use drugs or misuse alcohol, or who break the law,
can increase children's risk of future drug problems.29
 Peer and School. Friends and other peers can have an increasingly strong influence during the
teen years. Teens who use drugs can sway even those without risk factors to try drugs for the
first time. Struggling in school or having poor social skills can put a child at further risk for using
or becoming addicted to drugs.30

What other factors increase the risk of addiction?

 Early Use. Although taking drugs at any age can lead to addiction, research shows that the
earlier a person begins to use drugs, the more likely he or she is to develop serious problems. 31
This may be due to the harmful effect that drugs can have on the developing brain. 32 It also may
result from a mix of early social and biological risk factors, including lack of a stable home or
family, exposure to physical or sexual abuse, genes, or mental illness. Still, the fact remains that
early use is a strong indicator of problems ahead, including addiction.
 How the drug is taken. Smoking a drug or injecting it into a vein increases its addictive
potential.33,34 Both smoked and injected drugs enter the brain within seconds, producing a
powerful rush of pleasure. However, this intense high can fade within a few minutes. Scientists
believe this starkly felt contrast drives some people to repeated drug taking in an attempt to
recapture the fleeting pleasurable state.
 Images of Brain Development in
health Children and Teens (Ages 5-20)

As the brain matures, experiences prune excess neural connections while strengthening those that are
used more often. Many scientists think that this process contributes to the steady reduction in gray
matter volume seen during adolescence (depicted as the yellow to blue transition in the figure). As
environmental forces help determine which connections will wither and which will thrive, the brain
circuits that emerge become more efficient. However, this is a process that can cut both ways because
not all tasks are desirable. The environment is like an artist who creates a sculpture by chipping away
excess marble; and just like bad artists can produce bad art, environments with negative factors (like
drugs, malnutrition, bullying, or sleep deprivation) can lead to efficient but potentially harmful circuits
that conspire against a person's well-being.

The brain continues to develop into adulthood and undergoes dramatic

changes during adolescence.
One of the brain areas still maturing during adolescence is the prefrontal cortex—the part of the
brain that allows people to assess situations, make sound decisions, and keep emotions and
desires under control. The fact that this critical part of a teen's brain is still a work in progress
puts them at increased risk for making poor decisions, such as trying drugs or continuing to take
them. Introducing drugs during this period of development may cause brain changes that have
profound and long-lasting consequences.

Role and functions of the Narcotics Control

Bureau
The Narcotics Control Bureau was created in March 1986 in terms of Section 4 (3) of the
Narcotic Drugs and Psychotropic Substances Act, 1985, which envisages an authority for taking
measures with respect to such matters under the Act as may be specified by the Central
Government, subject to the supervision and control of the Central Government. The notification
dated 17-3-1986 constituting the NCB sets out the following charter for the BureCoordination of
actions by various officers, State Governments and other authorities under the principal Act, the
Customs Act, 1962, the Drugs and Cosmetics Act, 1940 and any other law for the time being in
force in connection with the enforcement of the principal Act.

 Implementation of the obligations in respect of counter-measures against illicit traffic

under various international conventions.
 Assistance to the concerned authorities in foreign countries and concerned international
organizations with a view to facilitating coordination and universal action for prevention
and suppression of illicit traffic in narcotic drugs and psychotropic substances.
 Coordination of actions taken by the Ministry of Health and Family Welfare, the Ministry
of Welfare and other concerned Ministries,Departments or Organisations in respect of
matters relating to drug abuse.

While this notification sets out the broad charter of the Narcotics Control Bureau, the detailed
functions of the Bureau were elaborated in [Link].50/71/86-Ad.I dated 2nd Feb,1987 issued by
the Department of Revenue. Subsequently after the NDPS Act was amended in May 1989 to
inter- alia provide for control over precursor chemicals , the implementation of domestic controls
over precursors was also assigned to the Bureau. In addition to these functions, the Narcotics
Control Bureau is also responsible for the enforcement of the provisions of the NDPS Act which
it does through its ten zonal and regional offices. The Narcotic Drugs and Psychotropic
Substances Act 1985 constitutes the statutory framework for drug law enforcement in India. This
enactment consolidates the erstwhile Acts viz., the Opium Act 1857; the Opium Act 1878 and
the Dangerous Drugs Act, 1930. India is a party to the 1961 Single Convention, the 1971
Convention Against Psychotropic Substances and the 1988 Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances. India's obligations under these Conventions are
implemented domestically through appropriate provisions in the NDPS Act. In addition to being
a signatory to all the three International Conventions on Narcotic Drugs and Psychotropic
Substances as specified in the above para, India has signed Bilateral Agreements/MoUs
exclusively on drug related matters with 14 countries and Bilateral Agreements

OPIUM ADDICTION IN ASSAM : A TREND ANALYSIS

J. Mahantra,* H.K. Chaturvedi, and R.K. Phukan
Indian J Psychiatry. 1997 Apr-Jun
Indian J. Psychiat, 1997, 39 (2), 143-146 OPIUM ADDICTION IN ASSAM : A TREND
ANALYSIS J. MAHANTA, H.K. CHATURVEDI & R.K PHUKAN ABSTRACT
A survey on opium use was earned out in Tinsukia district of upper Assam to assess the present
prevalence and pattern of opium abuse and compared with earlier findings of the year 1981 (Baruah
et al., 1995). A total of 75 addicts could be detected during the survey and 61 were interviewd using
structured questionnaire. The results indicate significant decline in prevalence in opium use over the
years in all the villages under high prevalence area. Out of 61 addicts, 51 addicts had started taking
opium before 1980 and only 10 new addicts were added by 1990. The trend analysis of opium user's
from 1979 to 1995 indicates a linear trend with high rate of decline in opium addicts statistical
analyses, supports the hypothesis that linear declining trend is the best fit. By 1995, only four addicts
were found having continued taking of opium Key Words : Opium, addiction, trend analysis Though
evidence of opium intake dates back to prehistoric time, yet opium had been produced systematically
and consumed in large scale since nineteenth century in the Asian countries; currently referred as the
Golden Crescent and the Golden Triangle (Poshyachinda, 1993; Sarkaret al., 1993). North East States
of India share long international border with Myanamar which is famous for production and nodal
distribution of opium and its derivatives. Assam being the largest sate of North East India by
population (72%) and second in geographical area (31%), is finding difficult to control the drug
trafficking across the border state. Opium use in Assam is closely associated with cultural practices
and religious faith of people living in this region (Baruah et al., 1995; Charles et al., 1994). The
people working in forest worship forest God before starting the work called 'Dangoria Puja' in local
language. Opium is offered to God in some of the religious functions and the same is taken as
"prasadam" (Gift) by the workers and participants. Opium is also traditionally used for treating
illness like diarrhoea and alleviating physical and mental stress in some communities (Suwanwela &
Poshyachinda,1986; Wairagkar, 1993). It is also used for recreational and social purposes.
Prevalence of opium use was varying widely form one village to another during 1976- 1986 (Baruah
et al., 1995). All the villages having prevalence around 50 per thousand and higher were categorized
under high prevalence group of opium addiction. The present investigation is an attempt to assess the
current situation andthe trend of opium use in some of the selected villages having high prevalence in
earlier study (Baruah et al., 1995). MATERAL AND METHOD The study area for the present work
was selected on the basis of the survey carried out by State Anti-Drug Prohibition Council, Assam, in
Upper Assam during 1976-1986 and reported very high prevalence of opium use (50 or more per
thousand). 18 villages were found with high prevalence. As it was not possible to carry out mass
survey in the entire area due to operational reasons, the study was restricted 143 J. MAHANTA et al.
to four randomly selected villages of this region. They are Ubhota, Teji Gaon, Borachuk and Upper
Ubon. The villages were located in and around Kakopather PHC of Tinsukia district of Assam and
were located close to the inter state boundary with Arunachal Pradesh. Total population of these
villages was 3451 as on 1995. House - to - house survey was carried out in all the selected villages.
The head of each houshold or senior person was contacted and explained about the purpose of visit.
The household or any family member who had ever used opium or currently taking opium was taken
into confidence to provide correct information. Identity of link person or addicts was kept secret. The
list of opium users was also rechecked with the village head and other village people for correctness.
The questionnaire was filled by interviewing directly, because most of the respondents were unable
to read and write. The questions included general characteristics, demography, age of start and
duration of intake, frequency of use, mode of consumption, introducer and reason for taking/ leaving
opium. The prevalence of opium use was compared with earlier reported prevalence by using z-test.
The population distribution and percentage of opium users were calculated for different age groups.
The age of start and leaving, along with duration of opium intake were used for calculation of general
trend. RESULTS The survey was completed in three months, a total of 75 opium users could be
recorded in four villages. Out of 75 opium addicts 61 were contacted and interviewed by using
predesigned questionnaire. The rest of 14 addicts could not be interviewed after repeated visits.
Particularly in one village,12 opium users could not be contacted because of their shifting to other
place due to flood and did not return back during the survey. The prevalence of opium addicts in the
repective villages are presented in Table-1. One tail test (z-test) indicates that the prevalence is
significantly lower in 1995 in comparison with 1981 (mid year survey) in all the four villages. Out of
61 opium addicts, 57 had already stopped taking opium. Only one female opium addict could be
detected, but she had already stopped taking opium by 1995. TABLE I COMPARISON OF
PREVALENCE OF OPIUM ADDICTS IN THE YEAR 1995 WITH 1981 OF FOUR VILLAGES
Name of village Ubhota Teji Gaon Borachuk Upper Ubon Populaion in the year 1995 652 802 1095
902 Prevalence of opium use (Der thousnad 1981 year # 1995 year 48 60 109 95 12* 22* 21* 29* #
Mid year of survey (1976-86) *P < 0.01 (z- test) The distribution of addicts by age shows that
number of addicts in lower age group i.e. below 20 years and 20 to 29 years were zero and one
respectively. However in the age group 50-59 and 60 years & above, the number of addicts were 19
and 22 respectively (Table-2). TABLE 2 AGE WISE DISTRIBUTION OF POPULATION AND
OPIUM ADDICTS Age in years Below 20 20 - 29 30 - 39 40 - 49 50 - 59 60 & above Total
Population 1758 622 434 290 197 150 3451 Addicts N % 0 1 7 12 19 22 61 0 0.2 1.6 4.1 9.6 14.7 1.8
144 OPIUM ADDICTION IN ASSAM : A TREND ANALYSIS The percentage of opium addicts by
age, calculated from the population of respective age group in the study region, was found increasing
upward from 0 to 14.7% continuously from lower to higher age. Analysis of age at start and age of
leaving opium indicates the declining pattern from 1979 to 1995 (Table-3). Opium [Link] died
during last 15 year were not included in the analysis due to lack of their records. The number of
addicts in 1979 was 51 which increased to 61 by 1991. After 1991, the number of addicts (ever used
opium) remained unchanged as no new member started taking opium in this region. However, it
appears from table-3, that opium addicts started leaving this habit gradually. Out of 61 opium
addicts, 45 addicts stopped taking opium during 1985-1991. At last in 1995, we found only four
addicts continued taking opium. Not a single case was found to have restarted taking opium after
stopping: The over all declining trend of opium user's was found to be linear with negative slope (-
3.583) and coefficient of determination R 2 (0.929). The calculated value of X2 (6.537 at 8 d.f.) for
goddness of fit test was found nonsignificant. The results of X2 test and R2 value indicate that the
linear trend is the best fit (fig). The magnitude of actual and estimated number of opium user's was
noticed little higher at some initial point of time i.e. in Fig. : DECLINING TREND OF OPIUM USE
(1979-1995) No. of addicts 1979 61 83 85 87 89 91 93 95 Year 1979, 1983 & 1985. It may be due to
the sampling error, because it was not possible to include the unresponsive and dead cases for
analysis. TABLE 3 DECLINING LINEAR TREND OF OPIUM USE FROM 1979 TO 1995 Year (t)
1979 1981 1983 1985 1987 1989 1991 1993 1995 No. of addicts (ever used) 51 52 56 58 60 60 61 61
61 New addicts t added 1 4 2 2 _ 1 - - - •Jo of opium addicts >topped opium 1 1 2 11 10 11 13 4 4
continued opium (Y() 51 54 54 45 35 25 12 8 4 Linear Est. of Y t 60.7 53.4 146.3 39.2 32.0 24.8 17.7
10.5 3.3 DISCUSSION Various factors can be attributed to high prevalence of opium use in this part
of country. They are traditional belief in using opium for holy purpose, treating illness, alleviating
physical capacity and to reduce mental stress while staying away from home to work in forest or
other place. Moreover cross country trading, easy access and local cultivation are some of the
additional reasons (Sarkar et al., 1993). In the present investigation, it appears that prevalence of
opium use decreased significantly in all the four villages. This change may be due to social reforms
which took place during the course of time. According to the opinion of opium addicts who stopped
taking opium, the reason of leaving opium was the realization of family responsibility, poor
economic condition, increase in price and a social stigma. The price of opium has increased almost
10 times in last 10 years which may be a valid reason. As most of the addicts belong to poor
socioeconomic class of society, they are finding it difficult to procure. Efforts of health authorities,
administrators and social workers might have played a major role to restrict the opium use. 145 J.
MAHANTA et al. The distribution of opium addicts by age clearly indicates that opium use in young
age group is very low in comparison with higher age or old age. Whereas, most of the old age opium
addicts started taking opium at young age and continued taking it for a long period and then stopped.
This chain is very common because people at younger age get attracted towards drug if they come in
contact with a drug user friend. The changing pattern may be due to awareness in young generation
and efforts of parents to keep their children away from drugs. The opium use has been found
gradually declining from 1985 onwards. The linear trend of decline is also proved by statistical tests,
but it may not be possible to generalize our findings for the entire state because of certain limitations
in this study. However, the information generated in this study has brought out many hidden facts
and reveals a undergoing process of change in the society towards opium use. The start of declining
trend can also be corroborated with country wide mass campaign organised against drug abuse. This
is a silver lining in the context of North Eastern region of India. J. Mahanta', M.D., H.K. Chaturvedi,
[Link].,R.K: ([Link]). Post Box No. 105. Dibrugarh - 786001. * Correspondence REFERENCES
Baruah, A.K., Mahanta, J., Bora, R. & Wairagkar, N.S. (1995) Opium Addiction in Assam.
Published by State Anti-Drug and Prohibition Council, Assam. Charles, M., Masihi, E.J., Siddiqui,
H.Y., Jogarao, S.V., D'Lima, H., Mehta, U. & Britto, G. (1994) Culture, drug abuse and some
reflections on the family. Bulletin on Narcotics, 46 (1), 67-86. Poshyachinda, V. (1993) Drug
injecting and HIV infection among the population fo drug abusers in Asia. Bulletin on Narcotics, 45
(1), 77-90. Sarkar. S., Das, N., Panda, S., Naik T.N., Sarkar, K., Singh, B.C., Ralte, J.M., Aier, S.M.
& Tripathy, S.P. (1993) Rapid spread of HIV among injecting drug users in North Eastern states of
India. Bulletin on Narcotics, 45 (1), 91-105. Suwanwela, C. & Poshyachinda, V. (1986) Drug abuse
in Asia. Bulletin on Narcotics, 38 (1-2), 41-53. Wairagkar, N.S. (1993) Morbidity profile of opiate
addicts in Nagpur. Journal of Association of Physicians of India, Abst. No. 275-POI -15,41 (12),
861-862. ', [Link], Regional Medical Research Centre 146

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS
Act, is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate,
possess, sell, purchase, transport, store and/or consume any narcotic drug or psychotropic
substance.

The below segments will throw a light on the paradigm of the very sensitive area of the
society where it is entering at the snail’s pace and destroying the future of the upcoming and arising
world.

Narcotic Drugs and Psychotropic substances that are the indispensable in the treatment of
pain and various illnesses of human beings, when abused are dangerous to the individuals, to the
nation and to the entire mankind. The health consequences of drug abuse are many. Physical,
psychological dependence and the withdrawal symptoms are the immediate health consequences of
drug abuse. The absence of quality control and the conditions in which illicit drugs are dealt with and
consumed resulted in acute poisoning and the resultant death of the consumers. Some of the most
severe effects of heroine abuse are due to the unhygienic practices, which cause hepatitis B and
HIV/AIDS.

In addition to the damage to an abuser's health, the harm done may extend to those closest to
the abuser, namely the spouse, parents, children etc.

The economic costs of drug abuse are multifarious. Drug abuse affects the working
efficiency. The resultant absenteeism, accidents and health care have an adverse effect on the
economy of a nation. One of the most important social and economic consequences of drug abuse is
crime, for the prevention and control of which the society has to spend its scarce resources.

Globalization and liberalization of economies have aggravated the global phenomenon of

increase in drug abuse and drug trafficking. Advancement in communication, information technology
and transportation has made it possible information, services, goods and people to reach across the
boarders in an extra ordinarily high speed. Drugs and money generated from drug trafficking are
moved by innovative methods. Use of internet for the nefarious activities of drug abuse and drug
trafficking makes the task of enforcement agencies further difficult.

The illicit cultivation of narcotic plants and the illicit processing of drugs have an adverse
effect on the environment. Cultivation of narcotics plants and processing of drugs, which involve
usage of huge quantities of harmful chemicals are carried out in remote places. These practices
endanger precious flora and fauna, thus causing ecological imbalance.
 In India the regulation of narcotic drugs started very early. The initial laws enacted in country
were made for the purpose of protecting the business interests of the English East India Company
and the successor British Indian Government. The Opium Act, 1857 and the opium Act, 1878 were
instruments made for protecting British monopoly of Indian opium and control the related activities
like transport etc. The opium Act, 1957 which repealed the then existing Bengal regulation was

In response to post-independence phenomenon of abuse of brought into force to remove

non-conventional drugs like morphine, heroine, cocaine and other the anomalous practices under
synthetic drugs like amphetamines that started affecting India in the the agreement between the
later half of the previous century and transit traffic through India of opium agents and the
heroine, opium etc produced illegally in the 'Golden Crescent' and cultivators. The opium Act,
'Golden Triangle' areas which are appurtenant to the Indian territory, 1878 was enacted to regulate
the Narcotic Drugs and Psychotropic substances Act, 1985 was
possession, sale, purchase,
enacted and brought in to force in the year 1985.
transport, import or export of
opium, and providing
punishment for contravention.
The Dangerous Drugs, Act
1930 was enacted primarily to
give effect to the Geneva Opium convention of 1925 to which India was a party. It aimed to
suppressing in and abuse of dangerous drugs. Another important pre-independence Act that applies
to narcotic drugs and psychotropic substances is the Drugs and cosmetics Act, 1940, which is quality
control legislation. Manufacture, distribution etc of any drug formulations that contains any narcotic
drug or psychotropic substance has to the provision of this Act and the rules framed there under.
These laws continued to be in force even after India became independent in the year 1947.

The regime of control of narcotic drugs and psychotropic substances that was brought about under
the Narcotic Drugs and Psychotropic Substances Act was further strengthened by an amendment
made in the year 1989. The important provisions incorporated are, provision for constiton of
National fund for control of drugs Abuse, enabling provisions for control of prosecutors and
essential chemicals used in the manufacture of drugs, mandatory death penalty for certain habitual
offenders, provision that no sentence imposed under the Act shall be suspended, remitted or
commuted, establishment of special courts for trial of offences under the act, application of strict
conditions in the matter of grant of bail in serious offence, pre-trail disposal of seized drug and
tracing, freezing, seizing and forfeiture of property earned through drug trafficking.
 The NDPS Act was further amended in the year 2001. Rationalization of the sentence
structure and liberalizations of the bail provisions are the most important features of the amendment.
Provisions for carrying out "controlled delivery" an investigative technique and provisions for stream
lining the scheme of forfeiture of illegally acquired property were added to the NDPS Act by the said
amendment. The NDPS Act still has certain inadequacies that are to be addressed by the parliament
of India. The NDPS Act as well as its rules does not envisage flexible regimes to accommodate the
drugs as per their medial abuse. The option available to the Goverment seems to be either a ban or
uncontrolled use. As a result, legitimate users such as terminally ill cancer patients who need
morphine for palliative care etc are finding it difficult to procedure drugs for their legitimate use. On
the contrary, certain drugs such as cough syrups that contain codeine are freely available to the
abusers, which under controlled regime would have obviated such abuse.

The incident of drug traffiking and drug abuse is on the rise in India. According to report of
the International Narcotics Control Board For 2005, drug abuse by injection is becoming one of the
driving forces of the increse in the HIV / AIDS infection rate in countries in South Asia, in particular
in India and Nepal. The said report also mentions about the growing illicit trade in the substance
commonly called 'synthetic heroine' in India. 'Synthetic heroine' is a drug prepared by crushing
tablets of Phenobarbital, a psychotropic substance.

The continuing important of the Golden crescent and Golden Triangle areas as world's
largest source of opiates' the presence of powerful terrorist and insurgent groups within the
country which indulge in drug trafficking and the porous and long international borders
through which drugs are smuggled underscore the important to have effective laws and their
rigorous implementation to combat the problem.
Control of Narcotic Drugs and Psychotropic substance is one area that has been addressed by
international conventions very early and exhaustively. Since obligations under the international
conventions are to be taken care by enactment of suitable national law and NDPS Act is the principal
national law and NDPS Act is the principal national legislation conventions on Narcotic Drugs and
Psychotropic Substances have been taken care, in order to understand the relevant provisions of the
NDPS Act in their right perspective, it is necessary to have an understanding of international legal
control on narcotic drugs and psychotropic substances and the control envisaged in the conventions
on narcotic drugs and psychotropic substances.

Control of precursors and essential chemicals that are used in the manufacture of narcotic drugs and
psychotropic substances is an innovative idea that could help the Government in controlling illicit
manufacture of narcotic drugs and psychotropic substances. This idea which has his genesis in the
United Nations Convention against illicit traffic in Narcotic Drugs and psychotropic substances, 1988
has been given effect in India by the amendment to the NDPS Act brought about in the year 1989. It
is organized drug syndicates that mainly indulge in illicit drug trafficking. In most of the cases it is
the carriers in the pay roll of those syndicates who are arrested and charged for drug offences. With a
view to bring book the entire ring of persons involved in drug trafficking, adoption of certain
innovative techniques like "controlled delivery" is mandated by the United nations convention
against illicit Traffic in Narcotic Drugs and Psychotropic substances,1988.

Addiction is like being in a house. A house that’s

on fire. And you are in the bathroom getting high
instead of getting out.