Lawstreet Journal

“Possibility of Constitutional Incongruity under Article. 20.”: Tripura HC directs Centre to amend S.27A of NDPS Act without delay. [READ JUDGMENT]

Lawstreet Journal 14 Jun 2021 11:06pm

Image courtesy: Lawstreet Journal Judiciary “Possibility of Constitutional Incongruity under Article. 20.”: Tripura HC directs Centre to amend S.27A of NDPS Act without delay. [READ JUDGMENT]

The Tripura HC has directed the Central Government, Ministry of Home Affair to take the necessary steps for amending sec.27A of the Narcotics Drugs and Psychotropic Substance Act, 1985, without any delay.

Since there were no amendments for the sec.2(viiib)(i-v) under sec.27A of the aforementioned Act, a division bench comprising of Justice S Talapatra and Justice SG Chattopadhyay observed the following:

“We would hold that until the appropriate legislative change occurs by amending Section 27A of the NDPS Act appropriately, sub-clauses (i) to (v) of clause (viiia) of Section-2 of the NDPS Act shall suffer effect of deletion and bringing in sub-clauses i-v of the clause viii-b of Section-2 of the NDPS Act in that place. We are worried this effect might create an incongruity to the constitutional protection provided under Article-20.”

According to the sec.27A of the Act, the punishment for financing illicit traffic and harbouring offenders is provided. It states,

“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 not less than ten years and shall also be liable to a fine which will up to one lakh rupees. Provided, the Court may, for reasons to be recorded in the judgement, impose a fine exceeding two lakh rupees.” 

Section 2 of the provision was amended and was placed under the clause (viiib) which… Continue Reading...


Tagged: Tripura High Court  
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