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Handing down capital punishment for an offence that does not take life is draconian and violates all international human rights standards. The jubilatory tone in some media was disappointing and, in some respects, it was surprising that the case didn't generate more controversy. India has a long history of opium and cannabis use, especially in medicinal, spiritual and social contexts. In 1989, barely four years after its introduction, the NDPS Act underwent amendments to incorporate harsher provisions, including mandatory death penalty upon subsequent conviction, if the quantity of contraband exceeds the threshold under Section 31A of the Act. That this was contrary to the Supreme Court's ruling in 1983 in Mithu where mandatory death penalty was held to be unconstitutional, did not cut ice with lawmakers. A constitutional challenge in 1998 was disallowed, as no one had been sentenced to death for a drug crime at the time. While the death penalty is not prohibited in international law, international human rights authorities have clarified certain conditions associated with its application. In the seminal case of Bachan Singh in 1980, the Supreme Court upheld the death penalty under Section 302 of the Indian Penal Code, 1860 for murder — an act that puts an end to life.
Anti-narcotics campaigns have often tended to label drug offences as being worse than homicide. In any event, it is notoriously challenging to measure deterrence with something as varied and pervasive as drugs. In the meantime, the fate of the three men sentenced to death for NDPS offences hangs in balance. Myself being an anti-death penalty advocate, the justification against any death penalty case would be that: 'An eye for an eye makes the whole world blind'. Countries such as the US make a distinction between different grades of drugs , as some drugs are much more addictive and dangerous than others. 500 mg of a narcotic drug bought or sold anywhere in the world causes more violence and loss of life in the part of the world where it is sourced than what could be caused by a mugging on the roadside! Rather than providing capital punishment to the drug peddalers,Govertment should consider controlling the quality of the drugs,with that many more lives can be saved than given up. I agree with Alpna Saini (comment above) that the authors have treated such a sensitive subject with such deft.
For god-sake, don't bring Hinduism and culture into this discussion.( I am not a Hindu but a good Indian Muslim) We are not living in caves and we cannot take shelter in the age-old traditions. First of all individuals who talk about use of drugs in the name of spirituality have very little understanding of the word 'Spiritual'.
What exactly are the lawmakers trying to prove by having such harsh punishments for drug peddling? An IntroductionOddway International pharmaceuticals Exporter is the leading supplier of Generic and branded Medication. Oddway Exports holds expertise in offering a complete range of Pharmaceuticals Products which includes Anti-Cancer Drugs, HIV-Medicine, Hair Loss Medication, Weight-Loss Medication, Imatinib Capsules, Gefitinib 250 Mg Tablets, Generic Iressa 250, Erlotinib Tablets, Sorafenib Tablets, Crizotinib Tablets, Veenat Tablets, Iressa Tablets, Afinitor Tablets, Zytiga Capsules and other quality-assured drugs. Furthermore, our up-to-date product portfolio allows it to guarantee optimum quality products and thus strengthen its competitiveness. To play major role in Supply chain of Specialty Medicines worldwide by adopting global distribution standards.
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We are highly trusted trader and supplier of Daclafab Daclatasvir Tablets in Delhi, Delhi, India. The death penalty for drugs has been a subject matter of intense debate — centring on the question of whether the state can take life for an offence that does not involve the taking of life.
Serving opium is an age-old tradition in many parts of the country that marks respect for guests. Ten years later, two men were sentenced to death in separate cases for possession of charas or cannabis resin.
Though serious, drug dependence can be addressed with counselling, treatment and aftercare.
In each of their cases, capital punishment was triggered by the quantity of drugs found, the calculation of which is subject to error and controversy vis-A -vis the actual content, extent of impurities and presence of neutral materials in the narcotic drug or psychotropic substance.
Heroin is one example, and some of those manufactured drugs.I'm surprised that these Indians are sentenced to death for marijuana offences.
Total banning of substance will provoke the human mind to look out for counterfeit substances in whatever form they are available.This is happening with the liqour too as many lose their life every year by consuming illicit liquour.

However, the question for me is not so much the draconian aspect of the law itself, but the liberal moral philosophy that we Indians were once proud of and how we want to be as a modern society.
The Gujaratis have become more enterprising in procuring liquour, thereby robbing the state exchequer of much needed revenue through taxes.Yet their alcoholism levels are on par with the rest of the country. They destroy the victim and his kith and kin and put the victim into irredeemable habit which will make the individual take to all crimes including murder and rape. The author is also incorrect in suggesting that cannabis does not pose any health risks as regular use is known to damage the brain. A drug peddler does not claim his drugs to be life saving or harmless and at the same time the drug user is usually well aware of the health hazards of its use. Defnitely the drug traffickers need harsh punishment but Fake drug manufacuteres (Medicine Manufacturer) deserve much harsh punishment.
We are one of the eminent organizations engaged in supplying a wide gamut of high quality and effective pharmaceutical drugs which are used in the treatment process of various diseases. At Oddway Exports we are providing high quality and affordable formulations and medicines, we have achieved a reputation of leading Trader, Supplier, Distributor and Exporter. Our Products manufactured by Indian and Multinational Companies which includes Natco Pharma Limited, Ajanta Pharma India, Ranbaxy, Pfizer, Novartis, Janssen, Cipla Pharma India, Astra Zeneca, Eli Lilly, Ferring Pharmaceuticals etc. Company is backed by an objective to provide uniform, one point distribution & efficient marketing solution in the Super Specialty Drugs segment. Following are some of the factors that have helped us earn a wide recognition in the market. The agency, in its operations in the first six months in the state, has stumbled upon a regular modus operandi of laundering of hawala money obtained through criminal activities of narcotics trade and illegal wealth generated in the real estate sector. The opinion of most international experts (as well as the overwhelming majority of states) is clear that drug offences do not warrant death sentences.
Yet, this social propriety turned into legal impropriety with the enactment of the Narcotic Drugs and Psychotropic Substances Act (NDPS) in 1985, in order to comply with international agreements. The death sentence is applied uniformly, irrespective of whether the convicted person is a carrier, an intermediary, organiser or lead player in the drug trade. Subsequently, the Bombay High Court read in judicial discretion and empowered the sentencing Court to award a sentence other than death.
The twelve drugs that attract capital punishment under the NDPS Act are not similar in their addictive potential, deleterious effects or therapeutic value. Significantly, the United Nations Office on Drugs and Crime, the agency that oversees drug control measures globally has denounced capital punishment as a means to contain illicit trafficking and called upon Member States to abolish the death penalty for drug-related offences.
The badge of constitutional validity does not mean that the legislature can prescribe this extreme punishment indiscriminately and ignore international legal and human rights standards. Or will India be able to act as a mature and responsible society which limits the offences for which the State can execute men?
It's a real shame that countries where natural substances such as opium, marijuana, or coca have been used fairly harmlessly and as part of the culture for centuries are now taking the western 'hard on drugs' stand.
The ones who are trafficking and helping such drugs reach each and every corner of the country are commiting a big crime. If we need to stop this menace from spreading we need harsh steps and stringent punishments.
Prior to that, ganja, opium, datura, psilocybins, etc., were seen as gifts from the almighty for medicinal, ritual, spiritual purposes in India. Agree the loss to the exchequer, the parent with a drug addicted child and clearing the liabilities but there could be alternatives. Tradition, does not mean that we as a society uphold every form of it, like Amir (comment above) pointed out about Sati and child marriage. It also has the worst drug related murder rate in the developed world as well as ridiculously high problematic drug use. It is better to nip this crime in bud so that our country doesn't follow the horrible western malady.
Nevertheless, the author is correct in opposing capital punishment for all drug-related offences.
I see no deceit or fraud committed here, just a facilitation towards an pre-decided self abuse or provision of choice to commit to a bad decision. Now the existing situation can be visulaised as - you try to commit suicide and the law kills you because committing suicide is illegal. Last but not least use of drugs as an addiction has its adverse impact not only on the addict but also on the society too. Our associations with the well-established vendors in the market has helped us in meeting the diverse requirements of our customers. With our focused approach, we have come so far in giving total satisfaction to our valued customers.

The agency, which has brought under its scanner numerous hawala dealers in Jalandhar, Ludhiana, Chandigarh, Phagwara and few other cities, is set to attach high value assets and properties of the accused as it is now enforcing the stringent and criminal clauses of Prevention of Money Laundering Act (PMLA) in these cases instead of the civil provisions of Foreign Exchange Management Act (FEMA).
The NDPS Act prohibits cultivation, production, manufacture, possession, sale, purchase, transport, import, export, use and consumption of narcotic drugs and psychotropic substances, except for medical and scientific reasons, under license. It is an acid test for drug policy reformers as well as anti-death penalty advocates, both of whom would like to see India move in the latter direction.
Moreover, India should accept and ratify the International Understanding on anti-death penalty, even for the most grievous crimes. I am not a lawyer or an expert in law who can quote some court references or sections from the IPC. The new drug policy by the government is a welcome step but such supportive words the mafia will weaken the fight against drug abuse.
A more successful and an effective rehab center development, making the easy access difficult, choking the point of entry and trafficking of drugs or prohibitive measures like a significant term in jail and huge sum of money as penalty and likewise. What is important is to uphold basic human rights, foremost being the right to live and decide what we want.
The judicial system is meant to hand out punishments commensurate with the offence and keeping in mind any mitigating circumstances.
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Under PMLA laws, the onus of proving innocence is on the accused, his properties can be seized, getting bail is difficult while under FEMA the accused can escape with 300 per cent penalty at the maximum. Cannabis, which is also part of the list, neither causes death nor results in serious physical or psychological impairment.
Iran executes hundreds of drug traffickers every year and yet the country has one of the most severe opiate addiction problems in the world. In fact, when one compares jurisdictions all over the world, it appears the death penalty and drug use do not have much to do with each other.
I'm also sorry that western travellers in India have abused the availability and use of ganja or hashish, making it disreputable.
But awarding death is, in my opinion and in accordance with the writer, even worse than an eye-for-eye treatment.
I would equate death penalty for a drug peddler to killing the messenger - Both unethical and ineffective. The agency, which is the lead department to check and prosecute blackmoney generated through criminal acts, is focusing on Punjab after the ED headquarters here detected huge violations of drug funds and hawala in the state which is also facing a huge onslaught of narcotics being smuggled especially from across the border.
But please, India, don't become one of those oppressive and repressive, jail filled societies. Drug like corruption and racism, in any form is evil and this should be tackled like the South=east Asian Nation. Tackling drugs would require us to make considerable efforts at various levels - social, educational and legal.
Instead, education boards of India should ensure that children from sixth grade onwards should be introduced with a mandatory subject that should focus on societal responsibilities of an individual apart from earning money.
Luckily, India is not a lucrative market for drug peddlers yet as the purchasing power of the people is relatively low and there is some amount of stigma associated with drug use.
Also parents should be more vigilant and ensure that the family atmosphere is conducive enough for children to share these issues.
The agency, sources said, is now dealing these cases under the PMLA rather than forex rules as prosecution and convictions is stronger under the former law, they said.
As conditions change, we'll need to adapt to ensure that the drug problem remains marginal. Trade based laundering is what ED will crack on now, they said, adding the agency has approached its foreign counterparts for information on a number of people suspected to have invested or parked their funds overseas. The agency also registered a money laundering case against an alleged hawala dealer in the state sometime back even as it booked Anup Singh Kahlon under the same law in the much talked about Zirakpur drug hauls case cracked by Punjab police. The ED is also set to issue penalty orders against a number of hawala dealers in the state which the investigators say are suspected to be routing illegal funds of the narcotics trade.
Hawala is the common name of routing illegal funds side-stepping the legal banking channels and thereby evading taxes and generating unaccounted blackmoney.

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