## Report on The Narcotic Drugs and Psychotropic Substances Amendment Ordinance, 2021
**1. Executive Summary:**
This report analyzes the Narcotic Drugs and Psychotropic Substances Amendment Ordinance, 2021 (Ordinance No. 8 of 2021), as promulgated by the President of India. This ordinance amends the Narcotic Drugs and Psychotropic Substances Act, 1985. The core purpose of this amendment is to rectify an oversight in the Narcotic Drugs and Psychotropic Substances Amendment Act, 2014, specifically regarding the referencing of clauses within Section 2 of the 1985 Act in relation to punishment for financing illicit traffic. The key finding is that the amendment seeks to correct a technical error to align the Act with its original legislative intent.
**2. Introduction:**
This report aims to provide an informative overview of the Narcotic Drugs and Psychotropic Substances Amendment Ordinance, 2021, based solely on the text of the ordinance provided. It will analyze the context, rationale, key changes, and potential impacts of the amendment.
**3. Policy Overview:**
* This is an amendment to the Narcotic Drugs and Psychotropic Substances Act, 1985.
* The core objective, as inferred from the text, is to rectify an error in referencing clauses within Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985, introduced by the Narcotic Drugs and Psychotropic Substances Amendment Act, 2014, ensuring the accurate application of punishment for financing illicit traffic.
**4. Background and Rationale:**
The amendment addresses an oversight stemming from the Narcotic Drugs and Psychotropic Substances Amendment Act, 2014. This Act amended Section 2 of the 1985 Act, introducing a new clause viiia and renumbering the existing clause viiia to viiib. However, the reference to the relevant clause regarding the definition of "illicit traffic" in Section 27A of the 1985 Act (which deals with punishment for financing illicit traffic) was not updated to reflect the renumbering. The provided text states that this amendment seeks to correct this error, aligning the reference in Section 27A with the legislative intent of the original statute which, according to the text, has always been to read clause viiib in section 27A.
**5. Key Provisions / Changes:**
This amendment focuses specifically on changing the reference in Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
* **Specific Part Changed:** Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
* **New Rule/Provision:** The amendment substitutes the words, brackets, letters and figure "clause viiia of section 2" in Section 27A with "clause viiib of section 2".
* **Difference/Effect of the Change:** This change ensures that Section 27A correctly references the renumbered clause defining "illicit traffic" as clause viiib, rather than the outdated clause viiia. This correction maintains the original legislative intent of applying punishment to the financing of activities defined as "illicit traffic" under the *current*, correct clause (viiib) within Section 2.
**6. Target Audience and Stakeholders:**
Based on the provided text, the target audience and stakeholders primarily include:
* Individuals or entities involved in financing "illicit traffic" as defined under the Narcotic Drugs and Psychotropic Substances Act, 1 1985.
* Law enforcement agencies responsible for enforcing the Narcotic Drugs and Psychotropic Substances Act, 1985.
* The judiciary, responsible for interpreting and applying the Act.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Ministry of Law and Justice, specifically the Legislative Department, is responsible for implementing this amendment. Law enforcement agencies and the judiciary are also involved in its practical application.
* **Timelines/Procedures:** The amendment is deemed to have come into force on the 1st day of May, 2014. This suggests a retroactive application of the correction. No other specific procedures are outlined in the provided text.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this specific change is to ensure legal clarity and consistency in the application of Section 27A. The amendment aims to prevent potential legal challenges or misinterpretations arising from the incorrect clause reference. It ensures that the law is applied as originally intended by the legislature. This is primarily a technical correction.
**9. Conclusion:**
The Narcotic Drugs and Psychotropic Substances Amendment Ordinance, 2021, is a technical correction aimed at rectifying an oversight in the Narcotic Drugs and Psychotropic Substances Act, 1985. It ensures the correct referencing of clauses within Section 2 in relation to punishment for financing illicit traffic. While seemingly minor, this correction is significant as it maintains the original legislative intent and ensures legal clarity in the application of the law.
Key Entities Referenced
Ministry of Law and Justice: The ministry responsible for the legislative department and the publication of the ordinance.
The Narcotic Drugs and Psychotropic Substances Amendment Ordinance, 2021: The title of the ordinance being promulgated.
Narcotic Drugs and Psychotropic Substances Act, 1985: The original act that the ordinance amends.
Narcotic Drugs and Psychotropic Substances Amendment Act, 2014: The previous amendment act that the ordinance addresses a discrepancy within.
Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985: The specific section of the Act being amended.
Parliament: The legislative body that was not in session, prompting the ordinance.
President: The authority promulgating the ordinance, referring to the President of India.
Article 123 of the Constitution: The constitutional article granting the President the power to promulgate ordinances.
Ram Nath Kovind: The President of India who promulgated the ordinance.
Anoop Kumar Mendiratta: Secretary to the Government of India.
New Delhi: The location where the ordinance was issued. Union Territory of Delhi
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th September, 2021 / Asvina 8, 1943 (Saka)
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
(AMENDMENT) ORDINANCE, 2021
NO. 8 OF 2021
Promulgated by the President in the Seventy-second Year of the Republic of
India.
An Ordinance further to amend the Narcotic Drugs and Psychotropic
Substances Act, 1985.
WHEREAS the Narcotic Drugs and Psychotropic Substances Act, 1985 was amended
by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 which,
inter alia, introduced a new clause (viiia) in section 2 and renumbered existing clause (viiia)
relating to definition of "illicit traffic" as clause (viiib) thereof, but due to oversight the
reference of the said clause could not be corrected in section 27A of the said Act, which
provides for punishment for financing "illicit traffic" and harbouring offenders;
AND WHEREAS the amendment does not create any new offence but contains a
legislative declaration that reference of clause (viiia) always meant the corresponding2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
renumbered provision in clause (viiib) and the amendment seeks to rectify this anomaly by
making changes in section 27 of the said Act in order to carry out the legislative intent of the
statute, which has always been to read clause (viiib) in section 27, and already stood
therein;
AND WHEREAS the Narcotic Drugs and Psychotropic Substances (Amendment) Act,
2014 came into force on the 1st day of May, 2014;
AND WHEREAS Parliament is not in session and the President is satisfied that
circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers confirmed by clause (1) of article 123 of the
Constitution, the President is pleased to promulgate the following Ordinance:-
Short title and 1. (1) This Ordinance may be called the Narcotic Drugs and Psychotropic Substances
commencement. (Amendment) Ordinance, 2021.
(2) It shall be deemed to have come into force on the 1st day of May, 2014.
Amendment 2. In section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, for
of section the words, brackets, letters and figure "clause (viiia) of section 2", the words, brackets,
27A of Act 61
letters and figure "clause (viiib) of section 2" shall be substituted.
of 1985.
RAM NATH KOVIND,
President.
————
ANOOP KUMAR MENDIRATTA,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—837GI(S3)—30-09-2021.