Narcotic Drugs And Psychotropic Substances (Amendment) Bill, 2011

Information Type: Legislative Information
Date of Presidential: 2014-03-7
Date of Enforcement: 2014-03-10
Bill No: 78 of 2011
Bill introduced in House: Lok Sabha
Bill Type: Government
Bill Status: Assented
Ministry-in-charge of Bill: Finance
Introduced by Member: Pranab Mukherjee
Member Type: Ex-Members
Acts State: Ordinary Bill
Case Note / Description :

The Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted consolidating and amending the provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances under the Opium Act, 1857, Opium Act, 1878 and the Dangerous Drugs Act, 1930. This Act was amended once in 1989 and subsequently in 2001. During the implementation of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 certain anomalies have been noticed. It is proposed to rectify those anomalies and make certain further changes to strengthen the provisions of the Act. The amending Act of 2001 rationalized the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences, the addicts and those who commit less serious offences are sentenced to less severe punishment. Such provisions have sometimes been misinterpreted to imply that in determining quantities, only the pure drug content in the quantum of drug seized should be reckoned. Since the Act duly provides for punishment for preparations of drugs also, this amendment seeks to clarify the legislative intent to take the entire quantity of drug seized in a case for determining the quantum of punishment and not the pure drug content.  Provisions for tracing and seizing of illegally acquired properties pursuant to drug trafficking activity were introduced in the Principal Act by way of amendment in 1989 and were further strengthened in the amending Act of 2001. The need for further expanding the scope of such provisions and to broad base the definition of illegally acquired property so that it becomes more difficult for drug traffickers to enjoy the fruits of drug trafficking activity, has been experienced. It is proposed to do so by way of certain amendments.  The amendments also seek to put in place the enabling provisions for the introduction of an alternate method of obtaining alkaloids of opium through production of Concentrate of Poppy Straw instead of production and processing of opium, in the country. Besides, some other amendments seeking to address the anomalies arising out of the amendments made in 2001 are sought to be introduced along with measures to further strengthen the provisions of the Act.  The Bill seeks to achieve the above objects

Standing Committee Report Summary

Bill Summary

Narcotic Drugs And Psychotropic Substances (Amendment) Act, 2014

 
 
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