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 corresponding 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:-
1. Short title and commencement.
(1) This Ordinance may be called the Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance, 2021.
(2) It shall be deemed to have come into force on the 1st day of May, 2014.
2. Amendment of section 27A of Act 61 of 1985.
In section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, for the words, brackets, letters and figure “clause (viiia) of section 2”, the words, brackets, letters and figure “clause (viiib) of section 2” shall be substituted.
RAM NATH KOVIND,
President.
ANOOP KUMAR MENDIRATTA,
Secretary to the Govt. of India.
