Narcotics Drugs and Psychotropic Substances Act (NDPS Act) 1985
Source : Indian Express
GS III : Role of external state and non-state actors in creating challenges to internal security

Approach “Narcotics Drugs and Psychotropic Substances Act 1985” : Mains

1. About Section 27A
2. About Amendment 2014
3. What is NDPS Act 1985 ?

Why in News ?

Tripura High Court recently discovered that an oversight in drafting the 2014 amendments to the Narcotics Drugs and Psychotropic Substances Act (NDPS Act) 1985 had unintentionally rendered a key provision of the Act Section 27A which provides for punishment of those financing illicit trafficking, inoperable.

Key Facts

• What is Section 27A ?
  • Section 27A of the NDPS Act, 1985 prescribes the punishment for financing illicit traffic and harbouring offenders.
  • Whoever indulges in financing directly or indirectly any of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with
    • Rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years
    • Shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
  • Provided that the court may for reasons to be recorded in the judgment impose a fine exceeding two lakh rupees.
• About Amendment 2014
  • Offences mentioned under Section 2(viiia) sub-clauses i-v are punishable through Section 27A.

    

  • Section 2 (viiia) sub-clauses i-v, which is supposed to be the catalog of offences, does not exist after the 2014 amendment.
  • Removed state-barriers in transporting, licensing drugs classified as “essential narcotic drugs.
  • Section 2 that defines essential narcotic drugs and subsequently in Section 9 allowing the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
• Why it is Amended ?
  • To allow for better medical access to narcotic drugs. 3
  • The regulation under NDPS was very stringent, despite being a leading manufacturer of morphine, an opioid analgesic used as a painkiller it was difficult to access the drug even for hospitals.
• Why it should get rectified ?
  • Even if the amendment is brought in, the result of the drafting error could lead to more constitutional questions being raised.
  • Article 20 of the Constitution guarantees protection against double jeopardy.
  • Article 20(1) says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act

NDPS Act 1985

• • Through which  state regulates the operations of narcotic drugs and psychotropic substances.
  • It provides a stringent framework for punishing offences related illicit traffic in narcotic drugs and psychotropic substances through imprisonments and forfeiture of property.

Daily Current Affairs : Click Here