Essay On The Death Penalty Under Section 31A

Death Penalty
The harsh nature of the NDPS Act is illustrated in section 31A of the Act which includes death penalty for certain repeat offences such as production, possession, transportation, manufacture, import and export of NDPS involving large quantity of drugs. The provision was introduced as a mandatory punishment in 1989. However, offences punishable with death were narrowed down by the amendments made in 2001.
The first conviction, under Section 31A, must be for offences under Sections 19, 24, or 27A or for offences involving commercial quantity of NDPS and the second conviction must be for offences involving narcotic drugs or psychotropic substances of the quantity as specified in the table in Section 31A(1)(a). The table specifies

• Undue Restrictions on Civil Liberties
The NDPS Act denies civil liberties safeguards to drug offenders that are usually available within the criminal justice system. When serious crimes are concerned, he Criminal Procedure Code provides for pre-trial detention of about 60 or 90 days and after this period is over the accused can seek bail and be released. However, persons accused of certain offences involving NDPS are liable to be detained for 180 days and if the investigation is still not completed in this period, the detention may extend to a year.
Other than this, the NDPS Act also imposes severe restrictions on the grant of bail. Section 37 makes specific non-bailable unless the Court prima facie is satisfied that the accused is not guilty and such offences include those offences which involve commercial quantity of NDPS. These restrictions were also being applied to drug users upon arrest on the ground of consumption alone or simple possession of small amounts of drugs. The Courts have now clarified that persons accused of small quantity drug offences are entitled to be released on