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

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After the present amendments, now this Act can be used against all Indian citizens and even against Indian citizens living abroad. This Act can further be used against ships and aircraft registered in India.

While distinguishing between "controlled substance" and "controlled delivery", a stiffer penalty has been imposed on use of drugs for commercial purpose. By the new amendment 'small quantity' has been clearly defined which has led to removal of any confusion.

Due to the new amendments there is a total change in the punishments. If the person is guilty of using a 'small quantity' a milder punishment has been levied, but if it is a 'commercial quantity' then a punishment of 10 years can be imposed. If the same offence is repeated, a punishment of 20 years or even a death penalty can be awarded.

On many occasions when it is a commercial quantity, the investigation cannot be completed in 90 days then the period of investigation can be extended to a minimum period of 180 days and a maximum period of 1 year. This has made the task of the Police/I.O easier.

By the new amendments, whether it be consumer or seller of drugs, he will be held liable for punishment. Under section 54 any person found in possession of Narcotic drugs will be presumed to have committed the offence.

Before the amendments many accused were released due to technical loopholes such as search, seizure and arrest. Section 50 is regarding the body search of the accused. Body search includes search of the suspect's bag, Briefcase and any other article in his possession. The Hon'ble Supreme Court has held that "Body search of the suspect does not mean only the body but includes all facets of the suspect's behavior in society. Therefore it includes the clothes on the body of the suspects. Whether a suspect has hidden anything in his clothes, sari, turban, dhoti will also come within the purview of body search.