Skip to main content




The NDPS Bill which was passed in year 2021 amended the Narcotic Drugs and

Psychotropic Substances Act, 1985.

About NDPS, 1985

1. The Act regulates certain operations - such as manufacture, transport and consumption -

related to narcotic drugs and psychotropic substances.

2. Under the Act, financing certain illicit activities such as cultivating cannabis,

manufacturing narcotic drugs or harbouring persons engaged in them is an offence.

3. Persons found guilty of this offence will be punished with rigorous imprisonment of at

least 10 years - extendable up to 20 years - and a fine of at least Rs.1 lakh.

4. It also provides for forfeiture of property derived from, or used in, illicit traffic in narcotic

drugs and psychotropic substances.


1. The bill replaces an ordinance promulgated in year 2021 to correct a drafting error in a

2014 amendment to the Act.Before the 2014 amendment, clause (viii-a) of Section 2

contained sub-clauses (i) to (v), which defined the term “illicit traffic”.

2. In 2014, the Act was amended and the clause number of the definition for such illicit

activities was changed.However, section (27A) on penalty for financing these illicit

activities was not amended and continued to refer to the earlier clause number of the


3. The ordinance amended the section on the penalty to change the reference to the new

clause number.

Section 27A of the NDPS Act

The provision reads that whoever indulges in financing, directly or indirectly, any of the

activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any

person engaged in any of the aforementioned activities.

He shall be punishable with rigorous imprisonment for a term which shall not be less than

ten years but which may extend to twenty years and shall also be liable to fine which shall

not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine

exceeding two lakh rupees.


The text of the provision says that offences mentioned under Section 2 (viiia) sub-clauses

i-v are punishable through Section 27A.However, Section 2 (viiia) sub-clauses i-v, which

is supposed to be the catalogue of offences, does not exist after the 2014 amendment.So, if

Section 27A penalises a blank list or a non-existent provision, it can be argued that it is

virtually inoperable.


1. To help victims of drug abuse to come out of addiction.

2. To Decriminalise possession of a limited quantity of drugs for personal use while

regulating certain operations such as manufacturing, transport and consumption of

narcotic drugs and psychotropic substances.


The new provision takes effect on May 1, 2014, and is retroactive. That is to say, a

criminal provision is provided, which will not be upheld in a court of law. It also breaches

Article 20's fundamental rights because a person might be penalised for an offence for

which a law was in effect at the time the offence was committed. It protects an accused

person, whether a citizen or a foreigner, as well as legal entities such as a company or

corporation, from arbitrary and excessive punishment.


Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti