Section 1: Narcotic Drugs and Psychotropic Substances Act

(1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2) It extends to the whole of India 2[and it applies also–

(a) to all citizens of India outside India;

(b) to all persons on ships and aircrafts registered in India,

wherever they may be.]

(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.

Simplified Explanation

Section 1 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides the basic framework regarding the title, geographical applicability, and commencement of the Act. Let’s break this down for clarity:

1. Short Title (Subsection 1)

• The Act is officially called the Narcotic Drugs and Psychotropic Substances Act, 1985.
• This is the legal name by which the Act is cited in official documents and legal references.

2. Extent of Applicability (Subsection 2)

The Act outlines where and to whom it applies:

1. Whole of India:
   • The Act is applicable across all states and union territories of India.
2. Beyond Indian Territory:
   The Act has extraterritorial applicability under specific circumstances:
   • Indian citizens abroad: The Act governs Indian citizens even when they are outside Indian territory.
   • Indian ships and aircrafts: The Act applies to anyone present on ships or aircrafts registered in India, regardless of their physical location (whether in international waters, foreign territory, or airspace).

This ensures that Indian nationals and vessels/aircrafts registered in India adhere to the Act’s provisions, even outside India’s borders.

3. Commencement (Subsection 3)

The Act specifies when and how it comes into force:

1. Date of enforcement:
   • The Act does not have a uniform commencement date for all its provisions.
   • The Central Government determines the date of enforcement by issuing a notification in the Official Gazette.
2. Different dates for different provisions or states:
   • The Central Government can decide different commencement dates for various provisions of the Act.
   • Certain provisions can be enforced in some states before others, based on administrative or logistical needs.
   • For instance, a provision related to drug trafficking might be implemented in high-risk states earlier than in others.
3. References to commencement:
   • Any mention of the “commencement of this Act” in its provisions must be interpreted with respect to the specific date it came into force in that state or for that provision.

Purpose and Importance of Section 1

• Uniform law: Ensures consistent enforcement across India while extending its jurisdiction globally to regulate Indian citizens and registered entities.
• Flexibility: By allowing staggered enforcement, the Act provides adaptability to address specific regional or administrative needs.
• Clear framework: Establishes the Act’s basic scope, ensuring clarity about its jurisdiction and timeline for enforcement.