The Ministry of Social Justice and Empowerment, in a review of the Narcotics and Narcotic Substances (NDPS) Act, submitted to the Department of Revenue, has recommended decriminalization of possession of narcotic substances (drugs) in small quantities for personal use.
At present, there is no provision for relief or exemption under the NDPS Act and under the Act, an accused can escape prosecution and imprisonment only if he/she wishes to go to a rehabilitation centre.
Officials said that in its recommendations shared with the revenue department last week, the ministry suggested decriminalization of narcotics found in small quantities for personal use.
An official said the ministry has suggested that a person caught with a small number of narcotics for personal use should be sent to government centres for compulsory treatment instead of being sent to jail.
Possessing a drug is an offence in India and section 27 of the NDPS Act provides for imprisonment of up to one year or a fine of up to Rs 20,000, or both for the use of a drug.
Aryan Khan, son of actor Shahrukh Khan, has been arrested under this section. The Government of India has enacted the Narcotic Drugs and Psychotropic Substances Act or NDPS Act to control and restrict the spread, sale, import and trade of addictive drugs.
The bill was introduced in the Lok Sabha on 23 August 1985. It was passed by both the houses of the Parliament and on 16 September 1985 assent was obtained from the then President Giani Zail Singh. It came into force on 14 November 1985.
The NDPS Act has since been amended four times, including in 1989, 2001, 2014 and 2016. This Act is for the whole of India and is applicable to all Indian citizens outside India and also to all persons on ships and aircraft registered in India.
The punishment prescribed under the NDPS Act is based on the number of drugs seized. Following the amendments, it "classifies punishment into three categories on the basis of the quantity of drugs seized and also provides for judicial discretion as far as the severity of punishment is concerned".
