**************************************************************** Documented by Goa Desc Documentation Service & circulated by Goa Civic & Consumer Action Network (GOA CAN)<[EMAIL PROTECTED]> ***************************************************************** ----------------------------------------------------------------------- 'Amendment has diluted provisions of NDPS Act' ----------------------------------------------------------------------- The amendment to the The Narcotic Drugs and Psychotropic Substances (NDPS) Act has proved to be a blessing in disguise for drug offenders, since it has diluted the provisions of the NDPS Act, 1985 and made the punishment less stringent, resulting in the decrease in the number of seizures made by the Anti Narcotics Cell (ANC).
Preparing to celebrate the Anti-Drugs Day on June 26, DySP Mr Fintan DeSouza disclosed that the amendment has diluted the provisions of the NDPS Act, 1985 and made the punishment less stringent with every likelihood of the accused being released on bail, jumping bail, threatening the witnesses and even restarting the drug dealing activities. Under the NDPS Act, 1985 any person who contravenes the provisions of the Act possessing more than 25 grams of charas was liable for punishment of 10 years rigorous imprisonment plus fine of Rs 1 lakh and for possession of less than 25 grams of charas the imprisonment was for six months, but as per the NDPS Amendment Act, 2001, the minimum quantity has been enhanced and classified into three categories. The NDPS Amendment Act, 2001 classified the quantity of drugs into small quantity, commercial quantity and quantity in between these two categories, besides increasing the small quantity from 25 grams to 100 grams in respect of charas and the commercial quantity upto 1 kg. The punishment for possessing the small quantity was six months imprisonment or Rs 10,000/- fine or both. The punishment for quantity less than commercial quantity but greater than small quantity, was ten years rigorous imprisonment and fine of Rs.1 lakh and the punishment for commercial quantity was twenty years rigourous imprisonment and a fine of Rs.2 lakh. The NDPS Amendment Act, 2001 has provided the right to bail, while earlier under the NDPS Act, 1985 the offences were non-bailable and the accused were not released on bail while undergoing trial. "Further it has been observed that most of the drugs are seized from foreigners and in the coastal areas. While in the nineties, the drug offenders arrested were mostly British nationals, it has declined with Nepalis and Israelis being the main drug dealers arrested," Dy SP (ANC), Mr DeSouza mentioned. "The claims that drugs are being distributed outside the school and college premises are false, as the ANC undertook undercover checks to ascertain the truth and discovered that the stray cases of drugs consumed were mainly out of experience and curiosity, similar to that consumed by Indian tourists frequenting the rave parties. The ANC mostly went after drug dealers or else could have been a huge haul of drugs to boast about," he stated. Replying to accusations of the ANC planting drugs on the person of the accused to extort cash (mostly from foreigners), Dy Sp Mr DeSouza clarified that while he termed the allegations as baseless, "the provisions in the NDPS Act, 1985 has led to stringent and meticulous operations by the ANC, wherein the presence of a magistrate or a gazetted officer is required for the search of the accused, if the accused so desired. The ANC were also required to weigh the quantity of the drugs seized and seal them at the scene of the offence and present their report to the magistrate. This resulted in a good conviction rate, as in the year 2000, of 19 arrests 2 were acquitted, with almost 80% pending trial". Meanwhile, in celebration of the Anti-Drugs Day on June 26, the ANC has plans to depute their officers to deliver talks on drugs awareness in various schools and colleges in the state. Besides, the ANC has also distributed stickers and posters to all the police stations in the state warning about the evils of drug consumption and the penalty for possession of drugs. ---------------------------------------------------------- THE NAVHIND TIMES 27/6/02 page 3 ---------------------------------------------------------- ======================================= GOA DESC RESOURCE CENTRE Documentation + Education + Solidarity 11 Liberty Apts., Feira Alta, Mapusa, Goa 403 507 Tel: 252660 mailto:[EMAIL PROTECTED] ------------------------------------------------------------------------------ Working On Issues Of Development & Democracy ======================================= =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-W-E-B---S-I-T-E-=-=-= To Subscribe/Unsubscribe from GoaNet | http://www.goacom.com/goanet =================================================================== For (un)subscribing or for help, Contact: [EMAIL PROTECTED] Dont want so many e=mails? Join GoaNet-Digest instead ! =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Help support non-commercial projects in Goa by advertizing!! * * * * Your ad here !!
