The Centre has put into effect Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance, 2021, amending section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, pointed out by the Tripura High Court.
Section 27A deals with the punishment for financing illicit traffic and harbouring offenders. It read as follows:
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, 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.
However, Sub-clause (viiia) of Section 2 of the NDPS Act was amended, re-lettered and relocated at the clause (viiib) of Section 2 of the NDPS Act by the NDPS (Amendment) Act, 2014 which came into effect from 01.03.2014. Also Section-2 (viiia) has been re-lettered as: "essential narcotic? drug means a narcotic drug notified by the Central Government for medical and scientific use. But the corresponding amendment was not made in Section 27A .
"The amendment does not create any new offence but contains a legislative declaration that reference of clause (viiia) always meant the corresponding renumbered provision in clause (viiib) and the amendment seeks to rectify this anomaly by making changes in section 27 of the said Act in order to carry out the legislative intent of the statute, which has always been to read clause (viiib) in section 27, and already stood therein", the notification reads.
The Tripura High Court noticed this anomaly and directed the Central Government to take appropriate steps for amending sec. 27A.