The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021
INTRODUCED BY
Dr Bhagwat Karad
Union Minister
SYNOPSIS
The bill seeks to amend the drafting error in provision under section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
HIGHLIGHTS
Salient Points ()
The bill was introduced to rectify the drafting error made in the provision of Section 27A of the act.
The amendments to be implemented retrospective from the year 2014.
BACKGROUND
- In 2014, the act was amended to ease to ease access of narcotic drugs for medical necessities, but penal provision was not amended accordingly.
- In 2021, Tripura high court highlighted the oversight to union government to make amendment in the act. This happened when an accused went to special court in Tripura, for he could not be charged for offence under 27A, as the list was blank under the provision.
Narcotics Drugs and Psychotropic Substances (NDPS) Act enacted to consolidate narcotic drug laws. It defined drug violations and strict penalties.
Act amended with strict provisions.
Section 27A added for 'financing illicit traffic'
The amendment was made in the act to rationalize sentencing, easy on addicts, and bail liberalized.
The bill was amended to allow to ease access of narcotic drugs for medical necessities.
KEY STATS
Key Stats ()
Drug cases reported and undertrial in India in 2020
TIMELINES
Bill introduced in Lok Sabha
Bill passed by Lok Sabha
WHY (as per the govt)
Salient Points ()
It would rectify the error in the 27A section in the Act
WHY NOT (as per opposition)
Salient Points ()
The bill violates fundamental rights of citizen as it provides retrospective effect from 2014.
The bill violates Article 21, as one can be charged for an offence, for which there is a law in existence at the commission of an offence.
MEDIA SAYING
Media Saying ()
VIDEOS
Videos ()
FAQs
Illicit traffic means production, possession, sale, purchase, transportation, warehousing and use of drug/substance more than permitted under law.
- Small Quantity – Up to 1 year rigorous imprisonment or fine up to Rs 10,000 or both
- Commercial Quantity- Up to 10-20 year rigorous imprisonment or fine up to Rs 1 lakh – 2 lakh or both
- More than small but less than commercial Quantity – Up to 10 year rigorous imprisonment or fine up to Rs 1 lakh or both
| Drug | Small | Commercial | |
| Stimulants | Amphetamine | 2g | 50g |
| Cocaine (crack) | 2g | 100g | |
| Hallucinogens | Charas/Hashish/Marijuana/Cannabis | 100gm | 1kg |
| Ganja | 1kg | 20kg | |
| Lysergic Acid Dielamide (LSD) | 0.002g | 0.1g | |
| Narcotocs | Morphine, Heroine (smack/brown sugar) | 5g | 250g |
| Fentanyl | 0.005g | 0.1g | |
| Diazepan,Methaqualone (Mandrax) | 20g | 500g | |
| Methamphetamine | 2g | 50g | |
| MDMA (Ecstacy) | 0.5g | 10g | |
| Opium | 25g | 25g | |
| Buprenorphine, Semi-SyntheticOpiod | 1g | 20g | |
| Codeine | 10g | 1kg | |
Sec 27 of NDPS act defines the punishment for financing illicit traffic and harboring offenders.
OPINION POLL
Citizen Poll
The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021
Do you support the bill?
Responses