The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was introduced in Lok Sabha on December 6, 2021 which seeks to punish financing illicit activities or harbouring persons engaged in them with rigorous imprisonment of at least ten years (extendable up to 20 years) and a fine of at least ______.
₹1,00,000
Understanding the Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021
The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021, aimed to rectify a drafting error in the original Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). This amendment specifically addressed Section 27A of the Act, which deals with the punishment for financing illicit traffic and harbouring offenders.
Prior to the amendment, a legislative amendment in 2014 had inadvertently caused a clause reference in Section 27A to become invalid. This made it difficult to prosecute certain offences related to financing drug trafficking. The 2021 Bill was introduced to correct this reference, ensuring that the provisions for punishing financing illicit activities and harbouring offenders remained effective.
Penalties for Financing Illicit Activities and Harbouring Offenders under NDPS Act
Section 27A of the NDPS Act prescribes stringent penalties for individuals involved in financing illicit traffic of narcotic drugs and psychotropic substances or harbouring persons engaged in such activities. The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021, maintained the severity of these penalties while correcting the drafting error.
As per the corrected Section 27A, financing illicit activities or harbouring persons engaged in them attracts the following punishment:
- Rigorous Imprisonment: A term of rigorous imprisonment which shall not be less than ten years but which may extend to twenty years.
- Fine: A fine which shall not be less than ______. The question asks for this minimum fine amount.
Based on the provisions of the NDPS Act, as clarified and retained by the Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021, the minimum fine prescribed for financing illicit activities or harbouring persons engaged in them is ₹1,00,000.
Determining the Minimum Fine
The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021, specifically addressed the penalty under Section 27A. This section mandates a minimum rigorous imprisonment of ten years (extendable up to 20 years) and a fine. The fine is specified to be not less than a particular amount.
Looking at the options provided:
- ₹1,50,000
- ₹2,00,000
- ₹50,000
- ₹1,00,000
The correct minimum fine amount stipulated by the NDPS Act for these offences is ₹1,00,000.
Revision Table: NDPS Act Penalties (Section 27A)
| Offence Type | Minimum Imprisonment | Maximum Imprisonment | Minimum Fine |
|---|---|---|---|
| Financing Illicit Traffic / Harbouring Offenders | 10 years (Rigorous) | 20 years (Rigorous) | ₹1,00,000 |
Additional Information: Key Aspects of the NDPS Act
The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, is the principal legislation in India that prohibits the production, possession, sale, purchase, transport, storage, and consumption of narcotic drugs and psychotropic substances. Here are some key aspects:
- Objectives: To consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, and to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances.
- Categorization of Offences: Penalties under the NDPS Act vary significantly based on the type and quantity of the drug involved (small quantity, intermediate quantity, or commercial quantity).
- Presumption of Guilt: The Act includes provisions that create a presumption of guilt in certain circumstances, placing the burden of proof on the accused.
- Enforcement Agencies: Various central and state agencies, such as the Narcotics Control Bureau (NCB), police departments, and customs authorities, are empowered to enforce the provisions of the Act.
- Financing and Harbouring: Section 27A specifically targets those who facilitate the drug trade financially or by providing shelter, recognising them as crucial enablers of illicit traffic.
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