1[27A. Punishment for financing illicit traffic and harbouring offenders.– Whoever indulges in financing, directly or indirectly, any, of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
1 Ins. by Act 2 of 1989, s. 8 (w.e.f. 29-5-1989).
Simplified Explanation
Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the criminal liability for those who are involved in financing illicit drug trafficking or harbouring offenders engaged in such activities. This provision aims to tackle the financial networks that support illegal drug trade and to penalize those who assist individuals involved in trafficking and related crimes.
Key Provisions of Section 27A
1. Financing Illicit Traffic
- A person who finances, either directly or indirectly, any activity related to illicit drug trafficking or related crimes as specified in sub-clause (viiia) of Section 2 will be punishable under this provision.
- Illicit traffic refers to the illegal production, sale, purchase, or transport of narcotic drugs or psychotropic substances.
2. Harbouring Offenders
- A person who harbours any individual engaged in illicit drug trafficking or the activities listed in Section 2(viiia) will also be punishable under this section.
- Harbouring includes providing shelter, aiding, or supporting criminals in evading law enforcement.
3. Punishment for Offenders
- Individuals found guilty of financing illicit drug trafficking or harbouring offenders will face:
- Rigorous imprisonment for a term that shall not be less than ten years, but may extend up to twenty years.
- A fine which shall not be less than one lakh rupees but may extend to two lakh rupees.
- The court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
Purpose of Section 27A
The primary goal of Section 27A is to target the financial networks that enable illicit drug trade. By penalizing individuals who fund or support illegal trafficking activities, the law seeks to dismantle the financial infrastructure that sustains such crimes. This provision also seeks to eliminate the safe havens for offenders, ensuring that those who aid or abet in the illegal drug trade are held accountable.
Impact of Section 27A
- Addressing the Root Cause:
The section targets not just the traffickers but also those who provide financial support or create environments that allow the continued operation of illegal drug activities. By penalizing these individuals, the law seeks to disrupt the larger supply chain of illicit drugs. - Severe Penalties:
The section prescribes severe punishments, including a minimum of ten years’ imprisonment, which reflects the seriousness of the offense. The imposition of a fine further acts as a deterrent to those involved in supporting drug trafficking activities. - Dismantling Organized Crime:
This provision is crucial for targeting the organized crime syndicates that operate within the narcotic drugs and psychotropic substances trade, as it holds accountable those who are indirectly involved in the financial side of the operations.
Conclusion
Section 27A plays a vital role in the fight against the illicit drug trade by targeting those who finance or harbour offenders involved in drug trafficking. It ensures that not only the drug traffickers but also the support networks that enable such illegal activities are penalized, thereby strengthening the enforcement of anti-drug laws in India. This section underlines the government’s commitment to eliminating all aspects of drug-related criminal activity, whether directly or indirectly involved.
