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Home Background Process Project Objectives Project Overview Project Activities Impact 6 |
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| NDPS (Amendment) Act 2001 |
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The NDPS Act, as amended in the year 2001, principally remains the same; but the penalties for possession have been substantially restructured based upon the quantities recovered. Where the earlier Act had only a single penalty for possession i.e. 10 to 20 years plus fine, the amended Act has defined three categories of possession. They are as follows: |
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Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;
Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees.
In any other case, with rigorous imprisonment, which may extend to ten years and with fine, which may extend to one lakh rupees.
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Under the previous Act the burden of proof was upon the accused to demonstrate that he was an addict in order to attract the more lenient provisions of the Act. The amended Act has no such requirement as penalties are based on the quantity of contraband involved. There has been a noticeable increase in the amount considered to be 'small quantities' , as compared to the previous Act. |
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We consider the visibility and viability of the model that we are implementing in this five city project have somehow informed the latest drug law reforms. |