NEWS

The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was passed by Lok Sabha

WHAT IS THE AMENDMENT

• Amends the Narcotic Drugs and Psychotropic Substances Act, 1985
• Seeks to rectify a drafting “anomaly” created by a 2014 amendment to the parent legislation.
• Says Section 2 clause (viiia) corresponds to clause (viiib) in Section 27, since 2014, when the provision was first brought in
• Section 27A of the NDPS Act, 1985, prescribes the punishment for financing illicit traffic and harbouring offenders.

2014 AMENDMENT

• In 2014, a substantial amendment was made to the NDPS Act to allow for better medical access to narcotic drugs.
• Defined amendment defined “essential drugs”; under Section 9, it allowed the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
• Section 27A reads: “Whoever indulges in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term of ten years to twenty years and shall also be liable to fine of one lakh rupees to two lakh rupees”

WHAT WAS THE DRAFTING “ANOMALY”?

• While defining “essential drugs” in 2014, the legislation re-numbered Section 2
• The catalogue of offences, originally listed under Section 2(viii)a, was now under Section 2(viii)b. In the amendment, Section 2(viii)a defined essential narcotic drugs. However, the drafters missed amending the enabling provision in Section 27A to change Section 2(viii)a to Section 2(viii)b.