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NK Premachandran demanded to correct the drafting error in the Narcotics Act

An invoice was brought in Lok Sabha to correct a drafting error within the Narcotic Drugs and Psychotropic Substances Act that rendered a key provision handling the punishment of these financing illicit trafficking inoperable.


Minister of State for Finance Bhagwat Karad added the Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 that seeks to replace an ordinance that turned into shape on September 30 this year.

Opposing the introduction of the Bill, RSP member NK Premachandran demanded the right scrutiny of the draft legislation, the absence of which could result in a “bad law”.

Premachandran said the drafting error become highlighted whilst an accused moved to a unique court docket in Tripura contending that he couldn’t be charged for the offense as Section 27 A is cited a clean list. The Tripura High Court subsequently requested the Centre to amend the law.

Premachandran and BJD member Bhratruhari Mahtab recommended the authorities against making the amendments to a crook law applicable with retrospective impact from 2014.

The anomaly crept in while the Narcotic Drugs and Psychotropic Substances (NDPS) Act become amended in 2014 to allow higher medical get admission to narcotic drugs, removing state limitations in transporting and licensing of “crucial narcotic drugs”.

Prior to the 2014 change, clause (viiia) of Section 2 of the Act, contained sub-clauses (i) to (v), wherein the term ”illicit site visitors” were described.

“This clause changed into re-lettered as clause (viiib) through the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, as a new clause (viiia) in segment 2 defining ”crucial narcotic capsules” changed into inserted.

However, inadvertently consequential change was not done in section 27A of the NDPS Act,” Finance Minister Nirmala Sitharaman become quoted as saying in the Statement of Objects and Reasons of the bill.

She said the modification does no longer creates any new offense but includes a legislative announcement that reference clause (viiia) constantly meant the corresponding renumbered provision in clause (viiib).

The modification also seeks to rectify this anomaly by making changes in section 27A of the said Act in an effort to perform the legislative purpose of the statute, which has continually been to study clause (viiib) in section 27A, and already stood therein, Ms. Sitharaman stated.

Karad brought the Bill in Lok Sabha after assuring individuals that the concerns raised with the aid them would be addressed in the course of the talk.

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