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Report No. 155

6.2.2. Amendment in section 27 of the Act.-

In section 27, the following new sub-section 3 be inserted to provide for a lesser punishment for small quantities if not prove to be for personal consumption:-

"(3) Where a person who is shown to have been in possession of a small quantity of narcotic drug or psychotropic substance fails to prove that it was intended for the personal consumption of such person and not for sale or distribution, such person shall, notwithstanding anything contained in this Chapter, be punishable-

(a) where the narcotic drug or psychotropic substance possessed or consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government, by notification in the official gazette, with imprisonment for a term which may extend to two years or with fine or with both; and

(b) where the narcotic drug or psychotropic substance possessed or consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to one year or with fine or with both."

[Chp. IV, para. 4.5(0]



Drugs and Psychotropic Substances Act, 1985 Back




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