The Lok Sabha on Monday passed a Bill that corrects a drafting error in the Narcotic Drugs and Psychotropic Substances (Amendment) Act retrospectively, with Finance Minister Nirmala Sitharaman stating that the retrospective provisions were not “substantive” in nature.
“Amendments with retrospective effect to substantive part of criminal law is not permitted, but clarificatory amendment that seeks to remove an obvious mistake is permitted,” Ms. Sitharaman said, referring to the opinion of the Solicitor General.
The NDPS (Amendment) Bill, 2021 was passed by a voice vote and amendments moved by the Opposition members were rejected by the House.
Biju Janata Dal (BJD) member Bhartruhari Mahtab and Congress’ Manish Tewari were among those who opposed the retrospective applicability of the provision, arguing criminal provisions cannot be brought into force retrospectively.
Parliament proceedings | Bill to correct drafting error in NDPS Act introduced in Lok Sabha
The debate also saw Shiv Sena member Arvind Sawant and NCP member Supriya Sule hit out at the Centre for allegedly targeting Bollywood actors over alleged substance and drug abuse.
Ms. Sitharaman did not refer to the issue in her reply.
She, however, responded to the concerns that the amendment did not diminish Article 20 saying the Tripura High Court had asked the Government to issue a notification to the effect.
The Finance Minister also referred to the 3,000-kg drug haul at Gujarat’s Mundra Port but refused to get drawn into a debate over its private ownership and asserted that it was a national port.
She said the Directorate of Revenue Intelligence, with its prompt action, had prevented drugs from reaching several parts of the country and that the case was handed over to the National Investigation Agency (NIA) after the contraband was seized at the port itself.
The anomaly crept in when the Narcotic Drugs and Psychotropic Substances (NDPS) Act was amended in 2014 to allow better medical access to narcotic drugs and removing state barriers in transporting and licensing of essential narcotic drugs.
Mr. Tewari argued that the proposed amendment will set a dangerous precedent and said it will shake people’s confidence in the supreme legislative institution.
