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NDPS Act.
1. The Narcotic Drug
and Psychotropic
Substance Act of
1985
Dr.Mufeeth khan
MSN(Psychiatry), MBA, MD (alternative medicine)
2.
3. Introduction
NDPS Act, as it is known
popularly, is meant to face a very important
social problem: drug trafficking. This is also
one of the special Acts that has come before
the courts very frequently and having a
large number of conflicting judgments
confusing the general public.
4. Evolution of Law:
The Opium Act of 1857 was revised
first in 1878.
In 1950, the Opium Act of 1878 was
revised as the Opium and Revenue
Laws Act 1950.
On 16th September 1985, the above
mentioned Acts were repealed and Act
61 of NDPSA 1985 was enforced.
5. 1989 AMENDMENT TO NDPS
ACT:
The 1989 Amendment sought
to provide for the following:
To constitute a National Fund for Control of
Drugs Abuse to meet the expenditure
incurred in connection with the measures for
combating illicit traffic and preventing drug
abuse.
To bring certain controlled substance which
are used for manufacture of narcotic drugs
and psychotropic substances under the ambit
of Narcotic Drugs and Psychotropic Act
6. Cont…
To provide that no sentence awarded
under the Act shall be suspended,
remitted or commuted.
To provide for pre-trial disposal of
seized drugs.
To provide death penalty on second
conviction in respect of specified
offences involving specified quantities of
certain drugs;
7. Cont…
To provide for forfeiture of property
and a detailed procedure relating to
the same.
To provide that the offences shall be
cognizable and non-bail able.
8.
9. Scope of the Act:
This Act has 83 sections.
One schedule giving the list of psychotropic
substances.
Substantive provisions of the Act are
contained in chapter 3 dealing with
prohibition, control and regulation of certain
activities.
These are re- inforced by provisions relating
to offenses and penalties in chapter 4.
10. Content:
The act included narcotic drugs
(opium, poppy, straw, cannabis,
cocaine, coca and all related
synthesized drugs) and psychotropic
substances (76 drugs and their
derivatives, for example major
tranquilizers, minor tranquilizers,
pentazocine, barbiturates, etc.)
11. In this act if a person
produces, possess, transports, import,
sells, purchase or uses any narcotic
drugs or psychotropic substances
(except ‘Ganja’) shall be punishable
12. Punishments
1. Rigorous imprisonment for not less
than 10years, which may be extended
up to 20 years and a fine of not less
than 1lakh rupees, which may
extended to 2 lakh rupees
13. 2. For repeat offence a rigorous
imprisonment of not less than 15years
which may be extended up to 30years
and a fine of not less than 1.5lakh
rupees, which may be extended up to
3lakh rupees.
14. 3. For handling ‘Ganja’, a rigorous
imprisonment which may extend to
10years and a fine up to 1lakh rupees.
15. 4. On carrying small quantities, ex.
Heroine – 250mg, Opium – 5gm,
Cocaine – 125mg, Charas – 5gm, as
were later specified in the act the
punishment may extend to 1year or
fine or both.
16. 5. Under a specified court order, there
is a provision for detoxification of the
patient
17. 6. Under a later enactment, the
prevention of illicit traffic in Narcotic
Drugs and Psychotropic Substances Act
(NDPSA), 1988 (act 46) was passed.
Now there is a provision for preventive
detention, seizure of property, death
penalty if a person is bound to be
trafficking more than or equal to 1kg of
pure heroin despite conviction and
warning on the first attempt.
25. Role of Nurse in
Admission Procedure:
Welcoming to the ward.
Settling the patient in the ward.
Introducing to the other staff members
and patients.
Before assigning a bed, consider
biological and emotional needs.
26. Cont…
If any patients have suicidal ideation or
floridly psychotic should be located in
closely observable place.
The patient should be shown various
facilities like availability of bathroom,
recreation, refreshments etc.
Acquaint the patient with some of the
ward rules
27. Cont…
Provide appropriate information.
Head to foot observation for any injury.
Orientation to ward structure, policies.
Find out whether patient had food
before admission.
28. Cont…
Enquire about any legal issue that the
patient has prior to admission.
Perform history collection and MSE.
Write nurse notes, enter in admission
register.
29. Role of the nurse in parole:
Relatives are clearly instructed about
the purpose for which the patient is
being sent home and when he should
be brought back.
Instruct the relatives as to how they
should converse or behave with the
mentally ill persons
30. Cont…
If the patient is receiving any
medications, insist on regularity and
give necessary instructions to the
family members about dosage, side
effects, etc.
The relatives be asked to observe
communication pattern, sleeping
pattern, drug allergy, socialization,
ability to perform role.
31. Role of the Nurse in
Discharge Procedure:
Nurse must ensure that the patient
leaves the unit with all belongings and
personal effects
All necessary instructions especially
regarding his medication regimen, side-
effect, etc. must be clearly given to the
patient and his family members.
32. Cont…
Any paper work, signing of documents
should be completed. The hospital file
along with all charts and notes should
be sent to the medical records section.
The nurse should ascertain his travel
plan and offer assistance if necessary.
The nurse must bear in mind that the
patient may have mixed feelings about
leaving the hospital and going back to
his home environment.