Don't imprison small-time drug offenders, ministry suggests change in NDPS Act

An accused can avail immunity of this penalty or prison term only if he or she volunteers for rehabilitation. Apart from this, there is no provision for relief or exemption under the NDPS Act.

At a time the NDPS Act and its stringent provision are in the limelight over the ongoing case of Shah Rukh Khan's son Aryan Khan, it has been reported that the social justice and empowerment ministry wants a review of the Narcotic Drugs and Psychotropic Substances Act and has recommended that possession small quantities of drugs for personal consumption can be decriminalised. The recommendation has been submitted to the department of revenue, which is the nodal authority of the NDPS act. The department had asked several ministries to suggest changes to the law if any.

Aryan Khan has been charged under Section 27 of the NDPS Act which does not distinguish between a an addict and a recreational user.

Shah Rukh Khan's son Aryan Khan has been charged under the sections of this Act and his bail plea has been rejected by an NDPS court. Section 27 of the Act has been imposed on Aryan Khan, which prescribes imprisonment of up to a year or a penalty of up to ₹20,000 or both for consumption of any narcotic drug or psychotropic substance. The section does not make any distinction between an addict, a recreational user or a first-time user.

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An accused can avail immunity of this penalty or prison term only if he or she volunteers for rehabilitation. Apart from this, there is no provision for relief or exemption under the NDPS Act. The social justice and empowerment ministry suggested that this rehabilitation should be given to those who are caught with a small quantity of drugs instead of a jail term, PTI reported quoting an official.

(With PTI inputs)