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Critical Analysis And Assessment Of NDPS Act And Trafficking From An Indian Legislation Perspective




Stuti Dave, Unitedworld School of Law, Karnavati University


ABSTRACT


The global impact of drug addiction is significant, causing widespread suffering and contributing to crime and violence. Nowadays, drug production and distribution are prevalent in every corner of the world, with countless individuals enduring a wretched existence between life and death due to drug addiction. Shockingly, the drug trafficking industry ranks as the third largest business worldwide, trailing only the petroleum and arms trades. Moreover, approximately 190 million individuals worldwide use some form of the drug.


This research aims to explore the details of anti-drug and alcohol prohibition laws and identify the factors that impede their implementation. The study investigates whether societal factors contribute to the obstacles faced in enforcing these laws and whether they violate individual human rights. The researcher has attempted to address these questions comprehensively. Additionally, the study provides a detailed explanation of the provisions of the judicial act within different laws, thus improving understanding of the legal framework. Despite amendments being made to these Acts, drug trafficking continues to rise, indicating that the laws have failed to achieve their objectives. Although governments are making practical changes to address the challenges faced, further amendments are necessary.

According to the findings of this research, the NDPS Act has had minimal effect on the drug situation in the country. It appears that the policy driving this act lacks a solid foundation in crime science, as concluded in this study. Despite the gravity of the crime, the mandatory minimum sentence of 10 years of severe imprisonment is deemed overly harsh, particularly for minor offenses.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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