Consider the following statements regarding the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985:

1. The Act does not define the term "addict."

2. According to the Act, a "psychotropic substance" refers to any substance, natural or synthetic, or any natural material or its salt or preparation, as specified in the Schedule of the Act.

3. Every offence punishable under this Act is considered cognizable.

How many of the above statements is/are correct?

The correct answer is option 2.

In News

• In 2022, every district in Kerala recorded at least 500 cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, highlighting the rising concerns over drug-related offences in the state.

Key Points

• The NDPS Act explicitly defines an "addict" as a person who has dependence on any narcotic drug or psychotropic substance.
  • Since the Act does provide a definition, the statement is incorrect.
    • Hence, Statement 1 is incorrect.
• The Act defines a "psychotropic substance" as any natural or synthetic substance, including any salt or preparation, that is listed in the Schedule of the Act.
  • Hence, Statement 2 is correct.
• Section 37 of the NDPS Act states that every offence under this Act is cognizable, meaning that law enforcement officers have the authority to arrest without a warrant.
  • Additionally, certain offences under the Act are non-bailable, making it more stringent.
    • Hence, Statement 3 is correct.

Additional Information

• Cognizable & Non-Bailable Offences:
  • The NDPS Act overrides the Code of Criminal Procedure (CrPC), 1973, by making all offences under the Act cognizable.
  • Offences involving commercial quantities of narcotic drugs (Section 19, 24, 27A) are non-bailable.
  • Bail can only be granted if the court is convinced that the accused is not guilty and will not commit further offences.
• Rising Drug Cases in India:
  • Kerala has seen a sharp increase in drug-related arrests, with the NDPS Act being invoked frequently in recent years.
  • Law enforcement has tightened surveillance on drug trafficking networks operating through coastal and border regions.