Drafting ComSec exercise - DRUGS AND POISONS ACT

2021

It even encourages contributions from panel discussion or conference reports based on the topics of recent developments in the field of law. Further, case commentaries, law book reviews, legislative and policy analysis are also welcomed. The journal will also publish contributions that are not expressly from the discipline of law but establishes a relation with any of the legal matters and gives it an interdisciplinary character. However, comments regarding decisions pending before any Court of Law or any other subject matter across the globe which if published might lead to Contempt of Court, if interpreted from the perspective of Indian Jurisprudence, will not be published even if the matter does not violate any of the Indian Laws or does not amount to any offense in any other laws. SCOPE The scope of this journal extends to the entire world transcending all national boundaries of the States. It is an international journal aimed at establishing a global network of research and analysis in the field of law. The medium of publication will be primarily American English subject to the majority opinion of the Board of Editors, Expert Committee, and the Board of Advisors in conformity with the Core Team including the Managing Committee.

British Journal of Clinical Pharmacology, 2019

Drug crimes are like a chain of networks, where most of the time, the real perpetrator behind the start of every drug crime is not traceable. The drugs are transferred from one party to another before reaching its final destination. The method of drug trafficking changes and eventually outsmart the authorities to avoid criminal liability. Thus, this article focuses on the situation where its final destination is in the hands of a person with no knowledge or suspicions about having the drugs in their possession. This article discusses the impact of section 5( ) and section 28 of the Misuses of Drugs Act 1971 ('MDA 1971') against the category of defendants and how the law struggles to balance the interest of these Defendants and the public. Furthermore, this article explores how the MDA 1971 has affected the innocent defendants and the overall achievement of the purpose of MDA 1971. This research is of great importance in the development of the law in satisfying the interests of the public and also protecting these innocent defendants from being wrongfully convicted. Hence, this article aims to promote the need for reconsideration of the burden placed under the MDA 1971 to ensure innocent defendants are not wrongfully convicted while also effectively tackling drug crime, by way of punishing the real perpetrator. The law on drug trafficking provided in the Drug Trafficking Act 1994 ('DTA 1994') regulates drug control within the United Kingdom ('the UK'). Drug trafficking is defined as 'any production or supply transportation import and export covered in the MDA 1971. 1 The beginning of this article explains how drug trafficking can in some circumstances, involve an innocent defendant who did not have any knowledge of the substance found in their possession is a controlled drug. This article then furthers analyses how the law on drug possession under section 5(2) affects these people. Another issue analysed in this article is whether the defence available to these people are in fact sufficient to protect them from being wrongfully convicted of a crime they did not commit. This involves the discussion of the reverse burden of proof placed on the innocent defendant under section 28 and how it affects the right to a fair trial. Lastly, with all issues considered, this article is determined to consider if there can be a balance between satisfying both the interest of the public and the defendant.

In modern times, one of the challenges for law and order machinery of a state is policing drugs. In its harmful effects, it is as fatal as any climate induced calamity and has the potential of fuelling all other forms of crime that take place in the society. It is particularly pervasive in urban settings. Owing to its importance and the harms it caused to the West, one of the earliest international serious crimes that got imagination of international community in the last part of the twentieth century was drug control in all its manifestations from its consumption to its trafficking and from its production to its laundered crime proceeds. The initiative of the international community was reciprocated by Pakistan and its Ministry of Foreign Affairs shows the status of ratifications with respect to narcotics related treaties on its website 1 ; the ratification of these treaties is evidence of Pakistan's commitment to checking the menace of drugs in society and at international level. In line with its international commitments, it legislated on the subject in 1996 through a temporary legislation in form of an Ordinance 2 and then later on by introducing two legislations in the Parliament i.e. the Anti-Narcotics Force Act, 1997 (ANF) and the Control of Narcotics Substances Act, 1997 (CNSA). These two legislations provided the much needed substantive, procedural and administrative law on the subject. However, due to introduction of new types of drugs and owing to judicial review of the law related to CNSA, there was need to review the legal framework related to criminalization of drugs to cater to new forms of synthetic drugs and psychotropic substances. Catering to these new requirements, on 6 th September, 2022, the Control of Narcotics Substances (Amendment) Act, 2022 was enacted, which must be noted by the law enforcement and civil society organizations. But before doing that, it may be noted that essentially the law enforcement part of drugs control is a policing function that

International Journal of Drug Regulatory Affairs

This article assesses the comparison of Narcotic Drugs and Psychotropic Substances Act (NDPS Act) with the Drug and Cosmetic Act (D & C Act) and also point out the salient features of NDPS Act. Drugs and Cosmetics Act, 1940 is a life-saving statue. It was enacted with an objective to regulate the import, manufacture, distribution and sale of drugs and cosmetics without licensing. Domestic legislation for regulating narcotic drugs and psychotropic substances in India has come in the form of NDPS Act, 1985, with an objective to limit the use of these substances and to prevent the abuse of these drugs. Both the aforesaid acts regulate narcotic drugs and psychotropic substances but the NDPS Act is special and strictest legislation for these substances. Stringent provisions of this act are examined in depth like minimum mandatory sentence of ten years and fine of one lakh rupees, offences are cognizable and non-bailable, consumption of drugs is also punishable offence, death sentence for certain repeat offences, attempt to commit an offence would be punishable with similar sentence as provided for that offence, power to tender immunity from prosecution, etc. In this article the authors provides some necessary recommendations in D & C Act on the basis of NDPS Act and also highlights some lacunas in both acts which need to be overcome.

Indian Journal of Psychiatry, 2007

This paper aims at providing a very general view of the main issues, focusing on two different issues, where Fondazione Lombardia dell’Ambiente has developed special areas of research: the application of the Seveso directives in an enlarged Europe and the Environmental Liability Directive.

2000