No person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India save with the previous authorisation of the Central Government and subject to such conditions as may be imposed by that Government in this behalf.
Simplified Explanation
Section 12 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) imposes restrictions on external dealings concerning narcotic drugs and psychotropic substances. It specifically regulates the import and export of such substances, ensuring that these substances are not dealt with internationally without proper authorization.
Key Provisions
- Prohibition on External Trade:
No person is allowed to engage in or control any trade involving the obtaining of narcotic drugs or psychotropic substances from outside India and supplying them to persons outside India. - Authorization Requirement:
If any person wishes to conduct such activities (i.e., the international trade of narcotic drugs and psychotropic substances), they must first obtain prior authorization from the Central Government. This means that no such trade can occur without official consent from the government. - Conditions of Authorization:
The Central Government may grant this authorization subject to certain conditions, which the government may impose in the interest of regulating and controlling the trade in narcotic drugs and psychotropic substances. These conditions are designed to prevent illegal trade and ensure compliance with international regulations.
Implications
- Strict Control Over External Trade:
This section emphasizes that the government holds strict control over the export and import of narcotic drugs and psychotropic substances. The aim is to prevent illegal trafficking and misuse of such substances across borders. - Regulation of International Transactions:
By requiring prior authorization, the government can effectively monitor and regulate the international flow of these substances, ensuring they are only traded for legitimate purposes (such as medical or scientific use) and in compliance with international conventions and treaties. - International Cooperation:
The provision aligns with international drug control agreements, which require countries to exercise control over the trafficking of narcotic substances across borders. India, by implementing such restrictions, shows its commitment to maintaining compliance with these global norms.
Conclusion
Section 12 of the NDPS Act aims to regulate international trade in narcotic drugs and psychotropic substances by requiring prior approval from the Central Government. This helps control the illegal trafficking of these substances and ensures that any external dealings are conducted in a lawful and regulated manner.
