alcohol, gambling etc Flashcards
Alcohol is not included in NDPS Act, 1985. The reasons for not including alcohol in the NDPS Act being:
I Prevailing social acceptance;
Source of high revenue for Government;
High prevalence of illicit alcohol available locally with ease being high in society, and
Large individual variation in clinical course of alcohol dependence contrary to other drugs
like opium covered under NDPSA
Alcohol is a subject of State List under the Seventh Schedule of Indian Constitution. Therefore, laws concerning drinking, regulation of sale, consumption and legal age for drinking varies across states.
dry states
- gujarat
- mizoram
- Manipur
- nagaland
- lakshadweep
Drunk Driving: Alcohol Limit and Punishment in India
Section 185 of the Motor Vehicles Act, 1988 states “Whoever, while driving, or attempting to drive, a motor vehicle”:
- Has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a
breath analyser, or
- Is under this influence of a drug to such an extent as to be incapable of exercising proper
control over the vehicle, shall be punishable for the first offence with imprisonment up to six months, or with fine upto two thousand rupees, or with both;
and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.
in amendment, 2000 to 10000 3000 to 15000
ons STANDARD DRINK
(One Standard Drink = 1⁄2 bottle of Standard Beer = 1⁄4 bottle of Strong Beer = 1 peg (30 mL) Spirits = 1⁄2 packet of Arrack = 1 glass (125 mL) of table wine = 1 glass (60 mL) fortified wine.
One drink (one standard unit of alcohol is 10 mL of absolute alcohol, i.e. 7.87 g) is likely to
raise the BAC to approximately 15 to 20 mg/dL)
Motor Vehicle (Amendment) Bill 2016
The penalty for drunk driving under the Motor Vehicle (Amendment) Bill 2016 has been increased from ` 2000 to ` 10,000.
THE DRUGS AND COSMETICS ACT, 1940; THE DRUGS AND COSMETICS RULES, 1945
zz This act provide control of sale, supply and distribution of drugs.
zz Schedule H: List of substances that could be sold by retail on the prescription of a Registered
Medical Practitioner only (Prescription Drugs).
zz Schedule X: Schedule X contains list of drugs whose import, distribution, manufacture,
sale, packing and labelling are to be carried out under special provisions. Examples include Amphetamine, Cyclobarbital, Methamphetamine, Pentobarbital, Secobarbital, Methylphenidate etc. List of drugs for which the retailer is to preserve prescription for a period of two years.
zz Schedule G: List of drugs that could be dangerous to take except under medical supervision, e.g. Cyclophosphamide, Insulin etc.
—z If drugs fall under NDPS Act (addiction forming substances) with a symbol NRx on the left hand corne
Food Safety and Regulation (Prohibition) Act 2011
Gutka is banned under the provision under Safety and Regulation (Prohibition) Act 2011.
Offenders can be fined INR200 according to the Control of Tobacco Products Act (COTPA).
The Food Safety and Standards Authority of India (FSSAI): offenders can face six months to three years in jail.
The law has provisions of imposing fines up to ` 25,000 on selling of products that are injurious to health.
Gambling Laws in India
- The Public Gambling Act, 1867: This Central legislation provides for the punishment of public gambling. The penalty for breaking this law is a fine of ` 200 or imprisonment of
upto 3 months. - The Lotteries (Regulation) Act, 1998: This Central Legislation lays down guidelines and
restrictions in conducting lotteries. - Section 294-A of the Indian Penal Code, 1860: This Section lays down punishment for
keeping a lottery office without the authorisation of the State government. - Section 30 of the Indian Contract Act, 1872.
- Other than lotteries, legal gambling in India is limited to betting on horse racing.
- Sikkim and Goa are the only two states in India which currently permit gambling (other than horse-racing, dog-racing and lotteries).
- The Information Technology Act 2000 regulates cyber related gambling activities in India.