No bail even if cannabis: HP MLAs say yes, many doubtful

DHARAMSALA:The Himachal Pradesh Assembly today cleared a stringent amendment to the Narcotics Drugs and Psychotropic Substances (NDPS) Act, making possession of even a small quantity of contraband a cognisable and non-bailable offence even as legislators from both Opposition and ruling parties expressed apprehension the law could be misused.

Lalit Mohan

Tribune News Service

Dharamsala, December 14

The Himachal Pradesh Assembly today cleared a stringent amendment to the Narcotics Drugs and Psychotropic Substances (NDPS) Act, making possession of even a small quantity of contraband a cognisable and non-bailable offence even as legislators from both Opposition and ruling parties expressed apprehension the law could be misused.

The NDPS (Amendment) Bill, 2018, proposes to amend Section 37, which allows bail to those caught with a small quantity of narcotics on the assumption that they are addicts, and not peddlers.

Those apprehended under the amended Act — it will require the President’s assent — will not be granted bail till a public prosecutor is heard.

Several legislators proposed that the Bill be referred to a select committee to differentiate between synthetic drugs, including heroin (commonly referred to as ‘chitta’), and those grown traditionally in the state, such as cannabis. CM Jai Ram Thakur, however, rejected the arguments saying a strong message needed to be sent to drug peddlers.

Congress MLA from Naina Devi Ram Lal Thakur said the NDPS Act was a central legislation and the state had limited powers to amend it. He claimed since classification of drugs for which the offence had been made non-bailable was yet to be done, the move could create more problems than cure. “Even sadhus and saints consume cannabis and several of them might just end up in jail,” he said.

Ramesh Dhawala, BJP MLA from Jawalamukhi, said the government should reconsider the amendment keeping in view the fact that it could ruin the life of a youth who accidently feel into drug addiction.

Congress MLA from Kullu Surinder Singh said the proposed law might affect tourism. “Some tourists consume cannabis only for fun and now they will land behind bars. Cannabis is even used for traditional medicine and home remedies,” he said. BJP MLA from Nurpur Rakesh Pathania termed the amendment a bold step, “which was the need of the hour to check the growing drug menace”.