Rave parties matter-Law should be seen to be done Part II ...Contd

Add as a preferred source on Google

Under this Act the punishment has been divided into three parts.

1. Small quantity- Rigorous Imprisonment for six months or Rs. 1000/- fine or both.
2. More than small quantity but less than commercial quantity - Rigorous Imprisonment for 10 years and fine of Rs.1 lac.
3. Commercial quantity - Rigorous Imprisonment for more than 10 years and up to maximum 20 years or death penalty and fine of up to Rs. 2 lac.

Depending on the nature of the Narcotic Substances it will decide the quantity eg.

Unfortunately in the Narcotic drugs business there are a large number of youth who are involved. If a minor is caught in the possession of drugs, he is also tried under the special court set up under the N.D.P.S. Act 1985. Legally speaking he should be tried under the juvenile Justice (protection and care) Act 2000 before the juvenile justice courts. Because these children are victims of organized crime and are in need of protection. There is need to distinguish between those have willingly broken the law and those who have been forced against their wish. There is an urgent need to change the law to take care of the above.

On many occasions college students are found in cities like Bombay, Pune, Aurangabad, Nagpur including in this nefarious trade Especially Student from Nigeria, Sudan and Iran are found indulging in this illegal activity. But to suspect every foreign student and to label him a criminal will be violative of human rights.

Under section 7-A of the N.D.P.S. Act the Central Government has constituted a 'National Funds for Control of Drugs Abuse'. Its scope has been enlarged to include search of drug addicts, provide them with treatment and to rehabilitate then and to educate peoples about the ill effects of drugs, but it is not yet seen that the attempts are being made to rehabilitate drug addict.

Only when the N.D.P.S. Act 1985 is implemented in letter and spirit, it will be possible to stop the spread of crime pertaining to Narcotic Drugs. In this Act, due importance has been given to search, Justice and due process of law.

'Law should not only be done' but it should seen to be done', this fundamental proposition should be understood by officials, lawyers, Judges and others.