The Narcotic Drugs and Psychotropic Substances (NDPS) Act has been challenged. Some sections of this Act have been challenged by filing a petition in the Supreme Court. It has also been said in the petition that there should be a legal distinction between drug traffickers, peddlers and consumers. In this petition, there has been a demand to abolish the provision of punishment to the consumer.
This petition has been filed by advocate Jaikrishna Singh and he has challenged Section 27A, 35, 37 and 54 of the NDPS Act. He has said in his petition that legally there should be a difference between drug traffickers, peddlers and consumers. He says that the traffickers and peddlers must be punished, but they should be removed from the sections of the crime while being sympathetic to the consumer.
Advocate Jaikrishna has demanded to abolish the provision of punishment to the consumer. Also, he has demanded in the petition that a provision should be made to send the consumer to rehabilitation centres considering him as a drug victim. Jaikrishna Singh has said in his petition that on the basis of this act, the right process is not being followed with Aryan. He said that when drug users were kept out of the category of crime across the world, it is an offence under the NDPS Act in the country. He called it the biggest discrepancy.
Advocate Jaikrishna has said that this law is to crack down on drug traffickers and peddlers, but agencies are misusing this law. Also, it has been said in the petition that cases like Aryan Khan and Rhea Chakraborty have raised the concern of misuse of this law. Advocate Jaikrishna Singh said that if someone is buying drugs in small quantities for personal use, he is being treated as a 'trafficker'. Also, he said that the use of ganja needs to be taken out of the purview of the crime.
