SHILLONG, July 4: The state government has decided to implement the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 in the state with the constitution of a three-member advisory board.
According to a notification issued on June 30, the committee comprises Justice (retd) Shivaji Pandey as chairperson and senior advocates ND Chullai and Tshering Yangi as members.
“We are now in a position to fully implement this Act with immediate effect. We are implementing the Act after 35 years since it came into force,” Social Welfare Minister Paul Lyngdoh told reporters on Tuesday.
He said an obsolete Act (Narcotic Drugs and Psychotropic Substances Act, 1985), which has serious defects and loopholes, was applicable in Meghalaya all these years.
“Some of its major loopholes helped violators circumvent the Act and render it ineffective. After two meetings with the Deputy CM in-charge of Home (Police), Prestone Tynsong and other senior officials, we have now been able to invoke a more severe Act,” Lyngdoh said.
Meanwhile, he said the advisory board acts more like a court of appeal. Anyone, who feels he or she is subjected to wrong confinement, can appeal or approach the board, he added.
According to him, the Act of 1988 also takes care of “repeat offenders” who will be in and out of police stations or jails and keep going back to drug trafficking.
The Minister said the Act empowers the state to detain such a person for a period of not less than three months and it may be extended upto six months.
“If the detention has to cross six months, then the matter comes under the advisory board. The board is vested with the power of validating such detention upto one year and which may be extended to two years,” he said. He also said that any person, who has been detained under this order and released on the advice of the advisory board, is also liable to be rearrested and detained in case of fresh cases being filed against him or her.
“We have decided to implement the Act since we want to ensure the protection of human rights. All these years, we were not able to implement the Act without having an advisory board on board,” Lyngdoh said.
He said if minors are found involved in drug trafficking, they will be counselled. However, if offences are of serious nature, then they will be dealt with as per the provisions of the Act, he added.
The Minister also said that the next course will be to coordinate with the states identified “vulnerable” to drug menace.
“Different state governments should work in tandem. Drug trafficking has become a regional problem as it is linked to Burma and beyond,” he said, adding the term of the advisory board is of three years.
