KATHMANDU, June 24: Citing serious loopholes in legal provisions related to narcotics, the Ministry of Home Affairs is preparing to revise the provisions for the effective enforcement of laws, curbing smuggling and controlling substance abuse.

After series of pressures put forth by the law enforcement agencies on the government, the Department of Narcotics Management under the Ministry of Home Ministry has been working to prepare a new draft on the legal provisions to replace the forty-year old provisions.

 “We are preparing to forward the preliminary draft to the parliament very soon so that we could replace the outdated and unscientific provisions to control drug-related crimes,” said Under Secretary Phadindra Mani Pokharel, chief of the Department of Narcotics Management.

According to the Narcotic Drug (Control) Act 2033, all the narcotics related offenders are kept in the same basket to enforce the legal provision. 

“Organized criminals, carriers and abusers should not be penalized under the same frame but there should be distinct classification of the offenders, who should be treated accordingly,” Under Secretary Pokharel said. 

Seventy eight percent of drug abusers take drugs due to peer pressure and they should not be treated as criminals, according to the official.

In most cases related to drug abuse, the abusers are sent to rehabilitation center after they are arrested but instead they should be sent for medical treatment, states the new proposal.

Similarly, the existing legal provisions have no lower limit in penalizing the offenders, often leading to their early release because of the loophole. For instance, the one convicted in cannabis abuse is fined up to Rs 2,000 and slapped with a maximum imprisonment of one year. As the lower limit is not fixed, they can get away without serving full term.

 “There are several such provisions that lack lower limits giving the offenders enough opportunity to escape punishment,” the official said. On the other hand, the act has also provisions to permit people to cultivate cannabis plants for medicinal purpose not exceeding 25 in number. 

But so far, no one has sought permission for the plantation of the cannabis for medicinal purpose while Nepal Police has destroyed thousands of ropanis of cannabis farming cultivated illegally. The legal provisions also lack provisions to penalize the owners of the land or farmers even if others were involved behind the illegal act.

“We have also proposed revision in the provisions related to misuse of prescribed drugs in order to prepare hard or banned drugs,” said the under secretary. 

Similarly, the new provision has also stressed on protection of witnesses and informers of drug offenders. 

SSP Ganesh KC of the Narcotics Control Bureau of Nepal Police said that it was very important to revise the outdated provisions as per the international trend and growing challenges in curbing narcotics related transnational crimes. 

“Serious criminals should not benefit due to lapses in legal provisions,” he added. 
The NCB officials claimed that there were several instances of criminals escaping from prisons with the help of existing loopholes in legal provisions.

 
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