NDPS Act : Supreme Court Dismisses Plea Challenging Provisions Criminalising Personal Consumption Of Drugs

The Supreme Court bench comprising Chief Justice of India U.U. Lalit and Justice Ravindra Bhat on Monday heard a petition seeking to declare certain provisions of the  Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985, invalid. 

The petitioner in the case argued that the personal consumption of drugs was a criminal offence as per the NDPS Act. He stated that this criminalisation further enhanced stigma and prevented the treatment of health issues which were related to drug use. The gist of the petitioner's arguments was that while punishing people who supplied or peddled drugs was fair, people who were simply consuming drugs, needed help (often medical) to be extended to them. As per the petitioner, 70% cases were filed against drug users instead of drug peddlers. He said that these drug users, who were sent to jail, had their lives ruined as they lost means of employment, their reputation, etc.

The petitioner further underscored that while the objective of the NDPS Act was to crack down on drug sellers, what had happened was that drug users were the ones who had been affected.

CJI Lalit, while opining that these were policy issues stated that the Act has a provision for rehabilitation of persons using drugs for personal consumption and that they are not sentenced. As per Section 39 NDPS Act, the Court has the power to release a person convicted for the offence of personal consumption  having regard to his/her age, gender, character and also on condition that the offender will undergo de-addiciton treatment.

"What is called the personal consumption limit, he is not actually punished with a severe sentence. You want that part also gone? What will happen then is that drug peddlers will be peddling the drug in that (personal consumption limit) quantity."

As per Section 27 of the NDPS Act, the punishment for consumption of any narcotic drug or psychotropic substance, where the narcotic drug or psychotropic substance consumed is other than those specified in or under cluase (a), is imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both. In case the drug consumed is cocaine, morphine or diacetyl-morphine, the imprisonment is for one year and the fine payable is Rs. 20,000.

The bench found no merit in the petition and it was accordingly dismissed as withdrawn.