"Way children from bollywood jailed shows law not implemented in true spirit”: Plea in Supreme Court seeks decriminalisation of consumption & purchase provisions in NDPS Act

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A fresh petition in the Supreme Court has sought directions for quashing provisions of Narcotics Drugs Psychotropic Substances Act as certain provisions of the act allegedly “militate” against the objective of the NDPS Act.

The plea has alleged, "the way alleged drug users specially children from Bollywood were jailed on the charge of drug use and been part of drug syndicate, shows that the law was not implemented with the spirit which had motivated the enactment of the said NDPS Act and the NCB was acting under some extraneous influence."

The plea has further sought directions to the Central Government to withdraw cases instituted against the drug users and those facing charges of procuring drugs for the consumption of their associates having no commercial angle.

It states that, “A cause of action has further arisen following the recent arrest by Narcotic Contol Bureau of 23 year old Aryan Khan s/o famous Bollywood actor Mr Shah Rukh Khan and other youngsters like Arbaz Khan on the strength of mere alleged/purported chat with sellers of contraband and further on the allegation of conscious possession, as well as on possession of contraband worth 6 grams even though it was recovered from his friend and not from him.”

The plea has alleged that impugned provisions give the opportunity to the enforcement agencies to abuse the provisions as there are inherent contradictions in certain provisions of the act.

The petition filed by Advocate Jai Krishna Singh submitted, "Many of the provisions have wider ambit and they were abused by enforcement agencies especially against alleged drug users. Now, lots of mucks of Rs. 18 Crore racket have also come out implicating the NCB Zonal Director himself immediately calling for probe not by internal departmental machinery but by a retired Judge of this Hon'ble Apex Court."

Case Title: Jai Krishna Singh Vs. Union of India