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Decriminalize Personal Consumption Of Small Scale Drugs, Declare Certain NDPS Sections Unconstitutional : Plea In Supreme Court

Shruti Kakkar
27 Oct 2021 1:04 PM GMT
Decriminalize Personal Consumption Of Small Scale Drugs, Declare Certain NDPS Sections Unconstitutional : Plea In Supreme Court
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In the wake of recent high profile arrests of celebrity youngsters in drug cases, a writ petition has been filed in the Supreme Court seeking the decriminalization of purchase of certain small scale drugs for personal consumption or for consumption of friends or relatives.The petitioner argues that the NDPS Act is being misused by the authorities to stigmatize youngsters, instead of...

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In the wake of recent high profile arrests of celebrity youngsters in drug cases, a writ petition has been filed in the Supreme Court seeking the decriminalization of purchase of certain small scale drugs for personal consumption or for consumption of friends or relatives.

The petitioner argues that the NDPS Act is being misused by the authorities to stigmatize youngsters, instead of reforming them. 

Filed by Jai Krishna Singh as petitioner in person, the petition also challenges the constitutionality of section 21, 27, 27A, 35, 37 and 54 of National Drugs and Psychotropic Substances Act 1985 "NDPS Act" ("impugned provisions") has further sought for issuance of writ for stopping immediately the operation of the impugned provisions.

Further, it seeks inquiry into the allegations of Rs 18 crore extortion racket run allegedly by NCB Zonal head, either by CBI or by a retired judge of the Supreme Court.

It has been argued that many of the provisions have wider ambit and they were abused by the enforcement agencies especially against alleged drug users.

"Now it is an urgent occasion for the Apex Court to intervene and heal the wounds inflicted on the youngsters sent to jail over the last few years. Their wounds can be healed only by withdrawing the cases instituted against them for drug consumption and procuring contraband for their masters and friends or associates. We cannot return their time spent in jail, their lost honour and respect but indeed we can console them who suffered horrendous treatment because of the faulty NDPS Act," petition states.

Singh in his writ has averred that the way alleged drug users specially children from Bollywood were jailed on the charge of drug use and being part of drug syndicate shows that the law was not implemented with the spirit which had motivated the enactment of the NDPS Act and the NCB was acting under some extraneous influence.

It has further been argued in this regards that, "nation cannot forget that the youngsters have been given life long trauma by parading them in public in full media glare and then jailing and defaming them by accusing them of being part of drug syndicate."

To substantiate his cause of action, Singh has averred that the recent arrest by NCB of 23 year old Aryan Khan and other youngsters like Arbaz Khan on the strength of mere alleged/purported chat with sellers of contrabands and further on the allegation of conscious possession as well as possession of contrabands worth 6 grams even though it was recovered from his friend and not him thereby raising serious questions of law and fact.

Singh has further sought for issuance of directions to the Centre to withdraw the cases instituted against the alleged drug users and those who are facing charges of procuring drugs for the consumption of their associations having no commercial angle.

A relief for reframing the provisions of impugned provisions of the NDPS Act and decriminalizing the purchase of certain drugs upto certain level "small scale" for personal consumption or for one's relatives or dear ones or live in partner or master encouraging side by side public health approach to drug users including recreational users has also been sought.

It has further been averred that the operation of Section 21, 27, 27A, 37 and 54 of the NDPS Act needs to be modified urgently until suitable amendment takes place to it as it penalises consumption as well as possession by users besides distribution, manufacture and sale of any narcotic or psychotropic substances irrespective of its quantities.

"Such arrests and live lynching of accused persons like Rhea Chakraborty and her brother Shobit Chakaraborty and now Aryan Khan and Arbaz Khan at the hands of electronic media run contrary to Article 3 of UDHR and Article 6(1) of the ICPCR also which provides every human being has the inherent righ to life and dignity this right which includes fair trial shall be protected by law and no one shall be arbitrarily deprived of the same," petition further states.

The petitioner has also sought for issuance of directions to the Centre to undertake identifying, counseling and treating the drug users and to not punish them by sending them to jail.

Singh in his writ petition has further sought a relief for setting up an inquiry into the allegations of Rs 18 crore extortion racket run allegedly by NCB Zonal head, either by CBI or by a retired judge of the Supreme Court.


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