Lok Sabha nod to NDPS (Amendment) Bill

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In news– Lok Sabha has passed the Narcotic Drugs and Psychotropic Substances (Amendment) Bill recently.

Key highlights-

The bill amends the Narcotic Drugs and Psychotropic Substances Act, 1985 and seeks to correct the drafting error in the 2014 amendment to this act.
It seeks to correct what the government termed a “clerical error”, which was rectified by an ordinance promulgated in September 2021 and the Bill is to effect that change into the Act.
In 2014, a substantial amendment was made to the NDPS Act to allow for better medical access to narcotic drugs.
In Section 2 (viii)a, the amendment defined “essential drugs” under Section 9, and it allowed the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
But before the 2014 amendment, a Section 2(viiia) already existed and contained a catalogue of offences for which the punishment is prescribed in Section 27A.
While defining “essential drugs” in 2014, the legislation re-numbered Section 2.
However, Section 2 (viiia) sub-clauses i-v, which were supposed to be the catalogue of offences, does not exist after the 2014 amendment and is now Section 2(viiib).
However, the drafters missed amending the enabling provision in Section 27A to change Section 2(viii)a to Section 2(viii)b.
This error in the text meant since 2014, Section 27A was inoperable.
The error was noticed by a district judge in West Agartala.
In June 2021, the Tripura High Court, while hearing a reference made by the district court, flagged the drafting error, urging the Centre to bring in an amendment and rectify it.

NDPS Act, 1985

It is the principal legislation through which the state regulates the operations of narcotic drugs and psychotropic substances.
The Act is widely regarded as a prohibitionist law which seeks to grapple with 2 kinds of offences: trafficking of prohibited substances i.e. cultivation, manufacture, distribution and sale, as well as their consumption.
It provides for establishment of specialized courts to deal with offences set out in the Act.
The quantum of punishment under the NDPS Act is based on the quantity of drugs found which may be classified into 3 categories: small, less than commercial and commercial.
Section 8 of the Act explicitly prohibits the cultivation of opium, poppy, coca or cannabis plants.
It also prohibits the production, manufacture, distribution including warehousing, transport, purchasing and selling of prohibited drugs and psychotropic substances.
It also prohibits their financing as well as consumption and harboring offenders guilty under the Act.
The act provides procedural safeguards to prevent innocent civilians from being unnecessarily harassed.
The 2014 amendment provides for the accreditation of treatment centres by relevant government authorities.
Nodal agency is the Department of Social Welfare (awareness).
The Narcotics Control Bureau is tasked with the responsibility of overseeing the activities undertaken by various law enforcement agencies.
The Ministry of Finance looks into cases grappling with drug trafficking, money laundering and other offences which are closely linked with drug abuse.