All prohibitions and restrictions imposed by or under this Act on the import into India, the export from India and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed by or under the Customs Act, 1962 (52 of 1962) and the provisions of that Act shall apply accordingly:
Provided that, where the doing of anything is an offence punishable under that Act and under this Act, nothing in that Act or in this section shall prevent the offender from being punished under this Act.
Simplified Explanation
This section ensures that the Narcotic Drugs and Psychotropic Substances Act operates in conjunction with the Customs Act, 1962 concerning the import, export, and transshipment of narcotic drugs and psychotropic substances. It essentially extends the prohibitions and restrictions imposed by the Narcotic Drugs Act to be treated as part of the restrictions under the Customs Act.
Key Provisions of Section 79:
- Deemed Prohibitions and Restrictions:
- The prohibitions and restrictions placed on the import, export, and transshipment of narcotic drugs and psychotropic substances under the Narcotic Drugs and Psychotropic Substances Act are deemed to be the same as those imposed under the Customs Act, 1962.
- This means that the procedures, enforcement, and penalties related to these activities will follow the Customs Act, ensuring a coordinated approach for the regulation of these substances at the borders.
- Applicability of Customs Act Provisions:
- The provisions of the Customs Act shall apply to the narcotic drugs and psychotropic substances in the same way they apply to other imports, exports, and transshipment activities under the Customs Act. This ensures that Customs authorities are empowered to act in accordance with the provisions of the Narcotic Drugs Act when dealing with these substances.
- Punishment Under Both Acts:
- If an act is punishable under both the Narcotic Drugs and Psychotropic Substances Act and the Customs Act, the offender can still be punished under the Narcotic Drugs Act, regardless of any provisions in the Customs Act.
- This ensures that if the same action violates both laws, the enforcement agencies can proceed under the more specific provisions of the Narcotic Drugs Act without being restricted by the provisions of the Customs Act.
Implications of Section 79:
- Unified Enforcement:
- Section 79 creates a harmonized legal framework for dealing with the import, export, and transshipment of narcotic drugs and psychotropic substances. By aligning the Narcotic Drugs Act with the Customs Act, it streamlines the enforcement of prohibitions and restrictions at the country’s borders.
- Stronger Deterrent Against Drug Trafficking:
- By applying the Customs Act’s enforcement mechanisms (including penalties, inspections, seizures, etc.) to the narcotics trade, this section strengthens the deterrent effect against drug trafficking. The Customs authorities can take more robust actions against smuggling activities.
- No Double Jeopardy:
- The proviso ensures that an offender is not punished twice for the same act under both laws. However, the individual can still be held accountable under both statutes, ensuring a broader application of penalties for violations of narcotics laws, especially in cross-border cases.
- Customs Officers’ Authority:
- Customs officers are given a role in enforcing the provisions of the Narcotic Drugs and Psychotropic Substances Act, allowing them to intercept illegal narcotics shipments, inspect goods, and take necessary action if the substances violate the Act’s provisions.
Example:
- A shipment of heroin is intercepted by Customs authorities at the Indian port. Under this section, the Customs Act applies to the seizure and handling of the heroin shipment, but since it is also a violation of the Narcotic Drugs Act, the offender can be prosecuted under the Narcotic Drugs Act as well, even if the offence also carries penalties under the Customs Act.
Conclusion:
Section 79 integrates the Narcotic Drugs and Psychotropic Substances Act with the Customs Act, 1962, enabling Customs authorities to enforce restrictions on narcotic drugs and psychotropic substances at the borders effectively. It provides a cohesive legal framework for drug control, facilitating better enforcement and prosecution while ensuring that violations are adequately addressed under both laws.
