NDPS Act 1985 Doubts – Let’s Put Some Light on the Doubts of the NDPS Act, 1985
Question 1 of NDPS Act 1985 Doubts
Can bail be granted to the accused when the manufactured Narcotic Drugs and Psychotropic Substances were recovered from him?
Ans. This point was duly decided and negative by the court in case of Parmanand Versus Haryana State & Others, 2013 (1), RCR (Recent Criminal Reports) (Criminal) 375. Having interpreted the concerned rules and provisions of the narcotic drugs and psychotropic Substances Act, the cosmetics & Drugs Act and the previous judgment of this court in the case
Vinod Kumar Vs. The state
considered of Punjab, 2013(1) RCR (Criminal) 428, it was decided that the possession of such kind of manufactured Narcotic Drugs and Psychotropic Substances NDPS, contravene the provisions of, and is offense able under the narcotic drugs and psychotropic substances act (NDPS Act) Rules and order, 1993. In lieu of this, the law indicated ratio is “Mutatis Mutandis” is pertinent to the facts of the current case and is a valid answer to the problem in hand. Since the commercial commodity of Narcotic Drugs and Psychotropic Substances were recovered from the possession of the petitioner, so, he is not entitled to bail.
Question 2 of NDPS Act 1985 Doubts
What is the material difference between the provisions of Sections 42 and 43 of the NDPS Act?
Ans. The material difference between the provisions of sections 42 and 43 is that section 42 requires recording of reasons for belief and for taking down of information received in written form with concern to the commission of an offence before doing search and seizure, Sec. 43 of NDPS Act does not contain any such provision and as such while acting under Sec 43 of the Act, the present presiding officer has the power of seizure of the article and others. and arrest of a person who is found to be in possession of any narcotic drug or psychotropic substance in a public place where such possession appears to him to be unlawful. State of Punjab Vs. Baldev Singh (1999 (6) SCC 172). It was the second NDPS Act 1985 Doubts.
What major amendments were brought by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act 9 0f 2001) in N.D.P.S Act?
Ans. The provisions of the NDPS Act were amended by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act 9 of 2001) (w.e.f. 02.10.2001), by the Amending Act, the ‘Commercial Quantity’ and ‘Small Quantity’ were explained under Section 2 (viia) and section 2 (xxiiia). The Sections 21 and 22 were substituted for possession of small, intermediate and commercial quantities of offending material. Last but not least NDPS Act 1985 Doubts.