Needn’t punish possession of small quantity of drugs: Ministry

Tribune News Service

New Delhi, October 24

The Union Ministry of Social Justice and Empowerment has recommended amending the draconian Narcotics Drugs and Psychotropic Substance (NDPS) Act to provide relief from prosecution and imprisonment for those accused of possessing small amounts of drugs for personal consumption.

‘Amend NDPS act’

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• The Ministry of Social Justice and Empowerment has recommended amending the draconian NDPS Act
• Section 27 of the Act prescribes imprisonment of up to one year or a fine of up to Rs20,000, or both, for consumption of narcotics or psychotropic substances
• The proviso is that the accused will be exempted if he volunteers to undergo rehabilitation

The ministry has made this recommendation to the Finance Ministry.

The NDPS Act presents an ironical situation. A person accused of possessing even a small quantity of drugs is prosecuted and undergoes jail term. Section 27 of the Act prescribes imprisonment of up to one year or a fine of up to Rs 20,000, or both, for consumption of narcotics or psychotropic substance. At present, there is no immunity for the addict. The proviso is that the accused will be exempted if he volunteers to undergo rehabilitation in a government-run de-addiction centre.

The ministry, on the other hand, has pitched for automatic and mandatory rehabilitation at the centres for the addicts accused of possessing small quantity for personal consumption. This would enable them to provide them with immunity.

The ministry has recommended leniency in the law in the midst of actor Shah Rukh Khan’s son Aryan Khan’s arrest under Section 27 of the NDPS Act. He is being prosecuted by the Narcotics Control Bureau (NCB) in the cruise drugs case.

Recently, the ministry had undertaken a drive to increase the number of de-addiction centres and upgrade the existing ones. It undertakes campaigns against drug addiction from time to time.