View of KNOW-HOW OF ILLICIT DRUGS: A BRIEF ANALYSIS

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ACCENT JOURNAL OF ECONOMICS ECOLOGY & ENGINEERING Available Online: www.ajeee.co.in/index.php/AJEEE

Vol.03, Issue 02, February 2018, ISSN -2456-1037 (INTERNATIONAL JOURNAL) UGC APPROVED NO. 48767

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KNOW-HOW OF ILLICIT DRUGS: A BRIEF ANALYSIS PROFESSOR (DR) RAVENTRE KUMAR PATANI

ASHUTOSH KUMAR SRIVASTAVA

Dean , Faculty of Law & Governance , Jayoti Vidiya Peeth Women’s University , Jaipur Research Scholar , , Faculty of Law & Governance , Jayoti Vidiya Peeth Women’s University ,

Jaipur

Prologue:-There is no as such concept of licit or illicit drug, Drugs are drugs only, having curative tendency, It depend on human psychology that how to use the nature of particular drug, uses of drugs for more and more curative purpose makes it essential drugs, Similarly more and more illicit use of Drugs makes it illicit drug, On the basis of Origin and manufacturing these drugs may be naturally originated drugs or laboratory created drugs.

A DISCUSSION ON DRUGS AND ITS KINDS

Drugs Know-How

A drug is any substance (with the exception of food and water) which, when taken into the body, alters the body's function either physically and/or psychologically.

AS per the uses of drugs State categories the drugs into two parts

1. legal (e.g. alcohol, caffeine and tobacco) or

2. Illegal (e.g. cannabis, ecstasy, cocaine and heroin).

The purpose of state to make such categories is to prohibit illegal uses of drugs These drugs may also be bifurcate in two different parts like

1. Natural occurring drugs 2. Laboratory created drugs

Natural occurring drugs: These are naturally occurring on earth as natural substance into various flora or fauna as a part of body. These drugs came into the knowledge/ notice of human in different spam of time as a discovery. Human also enhanced their knowledge by learning the use of these against the disease as well as moods.

Laboratory created drugs: Due to advancement in technology especially in biotechnology human became more advance to make drugs in laboratory. So many drugs which have already been discovered created into the laboratory.

Discovery vs. Invention: The Drugs which are naturally occurs on earth are discovery while others which are manufactured by human in lab are invention.

Pace of Invention: Speed of invention start from nineteenth century onward after the lab preparation of penicillin. This pace

Increased due to war of human against disease. In last 100 years human defeated number of disease by creating drugs against disease and saved life of human.

Population and Economy: Increased Population involved the economics- rule of demand and supply. For more population need to cure disease more drugs were required which involved industrial preparation of drugs its supply and Business.

Control of business and innovation: for the control of business, economy and innovation as well as technology an intellectual fruits, the world trade organization (WTO) originated through consented agreement by GATT countries, for the regulation of Intellectual Property a new agreement came , known as Trade related Intellectual Property Rights (TRIPs).

Actually it happened because Evolution and involvement of new technology enhanced the Innovation as well as Research and development, which generally started to create impact on Trade. Therefore it was necessary to set certain Standards and Regulations for among the countries. It also regulates the Innovated drugs and related issues.

Drugs and Crimes: Drugs which are controlling the moods, generally used in manufacturing the medicine for mental disease which can effectively control the disorder of body.

But Criminals are using it for minting money by its illicit use against the society and social order.

Such kinds of criminal are misusing the producers (i.e. licensed and non-licensed farmers ) of these drugs as well as

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2 economically poor people , children , youngsters and so on.

Psychoactive drugs affect the central nervous system and alter a person's mood, thinking and behavior.

PSYCHOACTIVE DRUGS MAY BE DIVIDED INTO FOUR CATEGORIES:

 Depressants: Drugs that decrease alertness by slowing down the activity of the central nervous system (e.g. heroin, alcohol and analgesics).

 Stimulants: Drugs that increase the body's state of arousal by increasing the activity of the brain (e.g. caffeine, nicotine and amphetamines).

 Hallucinogens: Drugs that alter perception and can cause hallucinations, such as seeing or hearing something that is not there (e.g. LSD and 'magic mushrooms').

 Other: Some drugs fall into the 'other' category, as they may have properties of more than one of the above categories (e.g. cannabis has depressive, hallucinogenic and some stimulant properties).

Reason for using these drugs by People:

People use drugs for a variety of reasons.

Young people often use drugs for the same reasons that adults do.

Some of these include:

 to have fun

 to relax and forget problems

 to gain confidence

 to socialize

 out of curiosity

 as a form of escapism

 to lessen inhibitions

 to remove personal responsibility for decisions

 to celebrate or commiserate

 to relieve boredom and stress

 self-medication to cope with problems,

 Friends, parents, older brothers and sisters and the media can also have some influence over a young person's decision to use drugs.

Some Examples of these drugs with functions:

 Amphetamines (speed or whiz)

 Benzodiazepines

 Cannabis (marijuana, grass, dope, pot, puff, weed)

 Cocaine (Charlie, coke, snow)

 Crack (base, rocks, crystal)

 Ecstasy (xtc, Adam & Eve, doves, pills)

 Heroin (scag, smack, gear)

 Solvents

 Mephedrone (meow, M-CAT, magic, plant food)

 NRG-1

(A) Amphetamines (speed or whiz)

Amphetamine is a synthetic stimulant. It comes in powder form and is usually white, yellowish, grey or a pinky colour. It is snorted or ingested and it takes effect after about half an hour. It has varied effects including:

 feelings of wakefulness

 alertness

 increased confidence

 sociability

 physical or mental activity

But as the body’s energy levels reduce the user is prone to feelings of anxiety, irritability, restlessness and dizziness.

Users can develop tolerance to amphetamines with increased use, withdrawal is primarily emotional, but users may experience a mild physical withdrawal including feelings of depression, lethargy and extreme hunger.

(B) Benzodiazepines

Benzodiazepines are prescription only medicines under the Medicines Act. They can be abused and bought illegally on the black market.

They are usually prescribed for short term treatment of anxiety and sleep problems.

When taken at low doses tolerance does not develop to a great extent, but when people use large amounts their tolerance can develop rapidly and there is a danger of dosage increase.

Withdrawal symptoms can last from several days to several weeks, and in some extreme cases, months. These withdrawal symptoms include:

 anxiety

 insomnia

 panic

 hallucinations

 depersonalization

 heightened sensory awareness

 depression

 a risk of seizures with abrupt withdrawal

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3 Benzodiazepines are illegal unless they are prescribed

(C) Cannabis (marijuana, grass, dope, pot, puff, weed)

Cannabis is usually smoked with tobacco.

It is available in the form of resin, dried and chopped leaves and - less commonly - oil.

The main active compound in cannabis is THC.

The effects of the drug are varied and include:

 euphoria

 laughter

 vivid sensations

 imagery and hallucinations

 persistent ideas

 paranoia

These effects will vary depending on the person, the environment and the potency and amount of the drug used. Cannabis is illegal

(d) Cocaine (Charlie, coke, snow)

Cocaine is most commonly found as a white crystalline powder, and is usually snorted but is occasionally made into a solution and injected.

The effects of cocaine are similar to amphetamines and crack in that they create physical and mental arousal. When cocaine is snorted the effect is almost immediate and then peaks and fades within 15 - 30 minutes. This often results in users repeating their use almost every 20 minutes or so in order to maintain the desired effect.

The snorting of cocaine can lead to mucosal constriction and eventually perforation of the nasal septum. Cocaine is illegal

(e) Crack (base, rocks, crystal)

Crack is similar to cocaine although the effects are even more extreme. They take effect immediately and last for about 10 minutes.

Crack is usually smoked and this can produce particularly aggressive and paranoid behaviours. Crack is highly addictive, although reports that crack is instantly addictive are false.

People experience feelings of:

 wellbeing

 exhilaration

 increased confidence

 loss of appetite

 indifference to pain and fatigue

 hallucinations

 paranoia

In rare cases users have died from overdose. Heavy and regular use can cause feelings of nausea, restlessness, insomnia, over-excitability and weight loss. Crack is illegal

A DISCUSSION ON REGULATION

United Nations office on Drug and Crime (UNODC)

UNODC is a global leader in the fight against illicit drugs and international crime.

Established in 1997 through a merger between the United Nations Drug Control Programme and the Centre for International Crime Prevention, UNODC operates in all regions of the world through an extensive network of field offices. UNODC relies on voluntary contributions, mainly from Governments, for 90 per cent of its budget.

UNODC is mandated to assist Member States in their struggle against illicit drugs, crime and terrorism. In the Millennium Declaration, Member States also resolved to intensify efforts to fight transnational crime in all its dimensions, to redouble the efforts to implement the commitment to counter the world drug problem and to take concerted action against international terrorism.

The three pillars of the UNODC work programme are:

 Field-based technical cooperation projects to enhance the capacity of Member States to counteract illicit drugs, crime and terrorism

 Research and analytical work to increase knowledge and understanding of drugs and crime issues and expand the evidence base for policy and operational decisions

 Normative work to assist States in the ratification and implementation of the relevant international treaties, the development of domestic legislation on drugs, crime and terrorism, and the provision of secretariat and substantive services to the treaty-based and governing bodies

In pursuing its objectives, UNODC makes every effort to integrate and mainstream the gender perspective, particularly in its projects for the provision of alternative

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4 livelihoods, as well as those against human trafficking.

UNODC can help in the following areas:

Organized crime and trafficking UNODC helps Governments react to the instability and insecurity caused by crimes like the smuggling of illicit drugs, weapons, natural resources, counterfeit goods and human beings between countries and continents. It is also addressing emerging forms of crime, such as cybercrime, trafficking in cultural artifacts and environmental crime.

Corruption Corruption is a major impediment to economic and social development, UNODC partners with the public and private sectors, as well as civil society, to loosen the grip that corrupt individuals have on government, national borders and trading channels. In recent years, the Office has stepped up its efforts to help States recover assets stolen by corrupt officials.

Crime prevention and criminal justice reform UNODC promotes the use of training manuals and the adoption of codes of conduct and standards and norms that aim to guarantee that the accused, the guilty and the victims can all rely on a criminal justice system that is fair and grounded on human rights values. A strong rule of law will also instill confidence among citizens in the effectiveness of the courts and the humanness of the prisons.

Drug abuse prevention and health Through educational campaigns and by basing its approach on scientific findings, UNODC tries to convince youth not to use illicit drugs, drug-dependent people to seek treatment and Governments to see drug use as a health problem, not a crime.

Terrorism prevention On this issue, UNODC is moving towards a more programmatic approach that involves developing long-term, customized assistance to entities involved in investigating and adjudicating cases linked to terrorism.

For each of these five areas, the Menu of Services contains information about some of the publications and online tools it has developed and examples of the impact that the UNODC is having on the ground.

UNODC work enhances security and improves the everyday lives of people across the globe.

Indian Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store,

and/or consume any

narcotic or psychotropic substance.

Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from March 1986. The Act is designed to fulfill India's treaty obligations under the Single Convention on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

OFFENCES AND PENALTIES

Chapter IV describes offences under the Act, and the punishments to be applied for contravening provisions of the Act. The various sections under this chapter prescribe a minimum term of rigorous imprisonment of 10 years, which may extend to 20 years for offenders, and also a fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. In all cases, the court may impose a higher fine, for reasons to be recorded in the judgment.

AN ANALYSIS

So on the basis of its kinds drugs may be of natural or laboratory based , but its uses makes it illicit or curative it’s all depend on human that how he uses it. That is why Government of India Made regulation on this subject, to prohibit the use of drugs, every natural originated drugs having their separate rules to regulate it. Even their marketing is also restricted.

BOOKS AND STATUTES The Constitution of India 1949

The Narcotic Drugs and Psychotropic Substances Act, 1985

Indian Patent Act 1970

Indian Patent (Amendment) Act1999 Indian Patent (Amendment) Act2002 Indian Patent (Amendment) Act2005 TRIPs Agreement

Web Sources https://hbr.org/