Narcotic Drugs and Substance

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

59,806

TIMELINES

06 Dec 2021
13 Dec 2021

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

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
DrugSmallCommercial
StimulantsAmphetamine2g50g
Cocaine (crack)2g100g
HallucinogensCharas/Hashish/Marijuana/Cannabis100gm1kg
Ganja1kg20kg
Lysergic Acid Dielamide (LSD)0.002g0.1g
NarcotocsMorphine, Heroine (smack/brown sugar)5g250g
Fentanyl0.005g0.1g
Diazepan,Methaqualone (Mandrax)20g500g
Methamphetamine2g50g
MDMA (Ecstacy)0.5g10g
Opium25g25g
Buprenorphine, Semi-SyntheticOpiod1g20g
Codeine10g1kg

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

Narcotic Drugs and Substance

Do you support the bill?

Vote To Unlock Results
Strongly Agree: 14.29%
Somewhat Agree: 57.14%
Somewhat Disagree: 28.57%
Strongly Agree: 0%



The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021

Do you support the bill?

ORIGINAL BILL

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