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Politics

Bill to correct drafting error in NDPS act introduced in Lok Sabha

December 06, 2021 09:57 PM

New Delhi, A Bill to correct drafting errors in the Narcotic Drugs and Psychotropic Substances Act, 1985 was introduced in the Lok Sabha on Monday, even as several opposition members opposed the introduction of the Bill on technical grounds.

The NDPS (Amendment) Bill, 2021, will replace an ordinance promulgated in September.

The Ordinance amends the Narcotic Drugs and Psychotropic Substances Act, 1985 to correct a drafting error. The Act regulates certain operations (such as manufacture, transport and consumption) related to narcotic drugs and psychotropic substances.

The Act was amended in 2014, and the clause number of the definition for 'illicit activities' was changed. However, the section on penalty for financing these illicit activities was not amended and continued to refer to the earlier clause number of the definition.

The Bill amends the section on penalty to change the reference to the new clause number, which will be deemed to have been in effect in retrospect from May 1, 2014.

Revolutionary Socialist Party(RSP) MP N.K. Premachandran opposed the introduction of the Bill, and said the penal provision cannot be implemented in retrospect.

The MP said the Bill violates fundamental rights under Article 20-1, which protects the citizens of India from being punished for an act done, which was legal when it was done but was criminalized or the punishment for that act has been enhanced by any act that was formulated later on.

Minister of State for Finance Bhagwat Karad said the issues raised by the members would be addressed during the discussion on the Bill, after which it was introduced.

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