Presumption of culpable mental state in the NDPS Act
The “Presumption of Innocence,” a cornerstone of criminal law, holds that an accused person is innocent until and unless proven guilty. This indicates that the party accusing you has the burden of proof. The NDPS Act’s Section 35 addresses the assumption of an accused’s culpable mental state. This suggests that the prosecution will move on since the court will assume that the accused is in such a mental state. “In this part, a culpable mental state encompasses intention, motive, knowledge of a fact, and belief in, or cause to believe in, a fact,” reads the explanation under this provision. Accordingly, the NDPS Act mandates that a person accused to demonstrate that he did not carry out the unlawful act.
Narcotic Drugs and Psychotropic Substances (NDPS) Act
To combat drug misuse and outlaw its use, distribution, manufacturing, and trade, the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) was enacted in 1985. Narcotic medicines cause drowsiness, whereas psychotropic substances affect the mind and alter it for the better. The NDPS Act was approved by the Indian Parliament on November 14th, 1985. In the practice of medicine, several substances have a position. As a result, the Act contains provisions for the growth of cannabis, poppies, and coca plants as well as the production of psychoactive compounds related to their growth.
Its main goal is to control the production, acquisition, distribution, and transportation of pharmaceuticals that are regarded as narcotics or psychotropics. This law makes it illegal to sell 200 psychoactive medications to walk-in clients. These medications can only be purchased with prescriptions. Since the law’s creation, numerous changes have been made to it. Furthermore, the NDPS does not distinguish between hard-core criminals engaged in this activity and drug consumers and traffickers. Without the approval of the relevant authorities, it is illegal for anybody to manufacture, produce, cultivate, possess, sell, buy, transport, store, or consume any drug or substance that is regarded as a narcotic or psychotropic. Thus, the purpose of this article is to draw attention to the NDPS Act’s requirements.