Section 6 NDPS Act: The Narcotic Drugs and Psychotropic Substances Consultative Committee

Section 6 of Narcotic Drugs and Psychotropic Substances Act, 1985: The Narcotic Drugs and Psychotropic Substances Consultative Committee

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Central Government may, by notification in the Official Gazette, constitute an advisory committee to be called "The Narcotic Drugs and Psychotropic Substances Consultative Committee" to advise the Central Government on such matters relating to the administration of this Act as are referred to it by that Government from time to time.

Legal Commentary & Landmark Judgments: Section 6

Section 6 of the NDPS Act provides for the statutory constitution of the Narcotic Drugs and Psychotropic Substances Consultative Committee by the Central Government to advise on national drug policy formulation, regulatory enforcement, de-addiction, and statutory amendments.

Statutory Composition of the Committee: Mandates the Central Government to constitute a Consultative Committee consisting of a Chairman and up to twenty other members representing regulatory authorities, law enforcement, medical experts, and policy bodies.
Advisory Scope on Policy and Administration: Vests the Committee with statutory responsibility to advise the Central Government on major policy issues relating to illicit traffic, prevention of drug abuse, rehabilitation programs, and the administration of the NDPS Act.
Sub-Committees & Procedure Regulation: Empowers the Consultative Committee under Section 6(3) to appoint sub-committees and formulate its own internal procedure for conducting deliberations, inquiries, and submitting statutory policy recommendations.

Key Landmark Precedents:

Indian Harm Reduction Network v. Union of India 2011 SCC OnLine Bom 1445: The Bombay High Court relied on deliberative records and international consensus discussed by the NDPS Consultative Committee under Section 6 in holding that the mandatory death penalty under Section 31A violated Article 21, leading to the 2014 legislative amendment introducing judicial discretion.
Mohinder Singh v. State of Punjab 1993 Cri LJ 1629 (P&H): The High Court affirmed the statutory character of recommendations framed by consultative bodies constituted under Section 6 in evaluating state administrative actions regarding drug de-addiction and regulatory enforcement.

Courtroom Practice & Strategic Litigation Guidance:

In constitutional or administrative challenges against arbitrary executive policies, de-addiction guidelines, or sentencing norms, defense counsel can subpoena the deliberative minutes and advisory reports of the Section 6 Consultative Committee to establish lack of scientific foundation or empirical justification for challenged executive circulars.

Section 6: The Narcotic Drugs and Psychotropic Substances Consultative Committee

Section 6 of Narcotic Drugs and Psychotropic Substances Act, 1985: The Narcotic Drugs and Psychotropic Substances Consultative Committee

Legal Commentary & Landmark Judgments: Section 6