Alcoholism and Drugs related to offences being victimless Crime, they fall in the category of Consensual Crime that involve more than one person, all of them give consent to participate in an unlawful activity. Siegel has defined Victimless crime and Public Order as “Crime which includes acts that interfere the peace and operation of the society and the ability of the people to function efficiently”
Alcoholism and drug is widespread in most societies over the years because of their allegedly pleasing and relaxing and effect to deal with physical tension, depression as to raise levels of physiological and nervous activities.
However, increasing pharmaceutical industry the use, abuse, misuse of alcohol and drugs has growing day-to-day and covering almost all sections of the societies.
The link between Alcoholism and various aggressive criminal offence is often inveterate by the police records and prison statistics which indicate that in present day there is considerable growing in such alcoholic criminal episodes.
Causes of Drug Addiction:
Drug and alcohol addicts arise after facing failure in business or professional life. Unemployment is one the significant factor causative to drug and alcohol.
Lack of parental control due to working situation of both parents and demoralization of joint family are also contributing factor to encourage vice.
People often take drugs in the form of medicine for reprieve from illness, depression and get addicted. Lack familiarity of child psychology and communication gap between parents.
The process of alcohol and drugs set in which a process knowingly and unknowingly begins to consume alcohol or narcotics drugs as medicine to get rid from work, to get rid from family issues and to get reprieve depression and mental restlessness and so on.
Drug Trafficking
Drug trafficking is so intricate in nature that involves a variety of drugs from different sources throughout the world. It not violets only National Drug Laws , International Conventions but also involves united activities such as tax-evasion, violation of import and export laws, and crimes of violence and terrorism. The wide range of unlawful and criminal activities related with unlawful drug trafficking poses a threat to enforcement of laws throughout the globe.
Increasing in demand and consumption of liquor, opium, heroine etc. increase huge profit in their illicit drug trafficking.
On-Line Drug Trafficking
The international Narcotics Control Board (INCB) in its annual record experiential that internet is becoming fastest source of on-line trafficking since it provides an easy way to controlled substances involve narcotic drugs and psycotrophic substances like benzodiazepines, barbiturates and various amphetamine-type stimulants.
Increasing in online shopping in recent years not only internet sakes have rise but some industries are openly promoting on internet that they provided controlled drugs without prescription. INCB suggested countries to establish legislature changes to allow peosecution of illegal drug trafficking.
Classification of Drugs
It can be classified in to two parts; Narcotic and Psychotrophic
- Narcotic includes: Opium
- Brown Sugar, Heroin
- Cocoleaf
- Methadone, Pethedine
- Psychotrophic includes Morophine, Valium etc.
Also Read: Custodial violence and the hypocritical silence
Indian Law
In view rising in Drug in India, the legislature enacted the Narcotic Drugs and Psycotrophic Substances Act, 1985 which later amended and called Prevention of Illicit Traffiicking in Narcotic Drugs and Psychotrophic Substances Act 1988 which came into force on July 4,1988.The importance of the act is to avoid aspects of drug users and cover a wide liost of substances that predictable as Narcotic Drugs. The main policy of the Act is to restrict the supply and distribution of prohibited drugs, for which minimum punishment of 10 year, which extend to 20 year with fine imposed for rupees 10 Lac which extend to 20 Lac.
Exceptions
If Board finds a drug addict posses drug less than small quantity as prescribed by the central government and that it was for his own personal consumption and not for sale will liable to punish which may extend to 1 year. U/S 27 of the Act.
Section 64A provides exemption to drug addict from criminal liability provides under the act, if he proves that the offence is committed for the first time and if he is agreed to be treated for de-addiction in a recognized institution.
Section 71 of the act provide reformative measures for an addict whether he is an offender or not. Its main purpose is to destroy “criminality from human being without destroying humanity in a criminal”. Supreme Court’s opinion is that Right to life including Right to live with respect and dignity as envisaged in Article 21 of the Indian Constitution.
FOOTNOTES
The central government specified the small quantity as:
- Heroin-250gms
- Charas-5gms
- Opim-5gms
- Cocaine-125gms
- Ganja-500gms
- AIR 1993 SC 942
- Wilfred joseph lama vs State Of Mharashtra, (1990)
- AIR 1991 SC 207
Well explained..well explained
This could help so many of us …