PIT NDPS Act 

THE PREVENTION OF ILLICTITRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988

(PIT NDPS Act)

INTRODUCTION

The deterrent penal provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and other legislative, administrative and preventive measures were found inadequate to control the illicit transit traffic in drugs. It was, therefore, felt that a preventive detention law should be enacted with a view to effectively immobilize persons engaged in any kind of illcit traffic in narcotic drugs and psychotropic substances. To achieve this objective the President promulgated the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance on 4 th July,1988. To replace this Ordinance the Narcotic Drugs and Psychotropic Substances Bill, 1988 was introduced in Parliament.

The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Bill, 1988 was passed by both the Houses of Parliament and was assented by the President on 6 th September, 1988. It was deemed to have come in force on the 4 th day of July, 1988 as THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988(46 Of 1988).

The Act empowers Central Government and the State Governments have been empowered to make orders of detention with respect to any person (including a foreigner) if they are of opinion that it is necessary so to do with a view to preventing him from committing illcit traffic in narcotic drugs and psychotropic substances. The expression “illicit traffic” had been defined to include cultivation of any coca plant or gathering any portion of coca plants, cultivating the opium poppy or any cannabis plant, or engaging in the production, manufacture, possession, etc., of narcotic drugs or psychotropic substance.