Will Proposed Amendments In NDPS Act Affect Aryan Khan Case?

New Delhi: The first question asked after news on the proposed amendments in the Narcotic Drugs and Psychotropic Substances (NDPS) Act in the upcoming Parliament session was, will it have any bearing on past cases, especially the one involving Shah Rukh Khan’s son Aryan Khan?

The answer is no. Because laws do not have retrospective effect.

India may soon introduce community service for individuals found consuming drugs. Sources familiar with the proposed amendments said those found consuming drugs may have to undergo treatment or therapy for addiction at a rehabilitation centre, and in case they refuse, they would have to undertake community service for one year, News18 reported.

Some of the proposed amendments deal with Section 27 of the NDPS Act which lays down ‘punishment’ for the consumption of any narcotic drug or psychotropic substance. The Narcotics Control Bureau (NCB) had recently invoked this section in Aryan Khan’s case.

What are the proposals for amendment?

The government has also proposed to remove the word ‘punishment’ from the introductory text of Section 27 in the NDPS Act. The government may propose that individuals found consuming or possessing any narcotic drug or psychotropic substance with the intention of consuming be taken to the nearest health facility for assessment and voluntarily undergo medical treatment for addiction. The treatment can be administered by a hospital or an institution maintained or recognised by the government or local authority. In case the person does not volunteer for treatment or does not undergo complete treatment, they shall be liable to pay a fine extending to Rs 10,000 or undergo mandatory social work involvement for one year at a government-run or supported centre, the report added.

Cultivation of cannabis

Another important amendment the government may propose is giving powers to state governments for the cultivation of cannabis plants for industrial purposes.

The government may empower the state governments to allow the cultivation of cannabis which is currently controlled by the central government, the report added.

Controlled delivery

The government may also propose that the Directorate of Revenue Intelligence (DRI) chief get powers equal to NCB Director-General by amending Section 50 on ‘controlled delivery’.

The ‘controlled delivery’ mechanism empowers the NCB to keep the parcel delivery alive, even after seizing the contraband, and replacing the same with a dummy parcel. The NCB D-G is authorised to order a ‘controlled delivery’ operation to unravel all layers of a drugs cartel or syndicate.