NDPS act not removed from Elvish Yadav's case, only section changed from 'Cannabis' to 'Psychotropic substance'

Elvish Yadav was once again brought to the Surajpur Court from the district jail in Greater Noida on Thursday morning. He was brought to amend a charge that was filled by police against him. 

Several reports regarding the removal Narcotic Drugs and Psychotropic Substance Act (NDPS) from Yadav's case were circulated on Thursday after the police accepted a mistake in filling the wrong section of the act on Elvish Yadav.

However, the NDPS act has not been removed. Only one charge, under section 8/20, has now been amended to 8/22 of the NDPS act because section 8/20 deals with punishment for contravention in relation to 'cannabis plant and cannabis only'.

Elvish Yadav's case is associated with 'Snake Venom' which is also part of the NDPS act, but in Section 8/22, which deals with punishment for contravention in relation to 'Psychotropic Substances'. This section is also non-bailable like sec 8/20. 

The section 8/22 of NDPS act says, "Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable,

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both;

(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;

(c) where the contravention involves commercial quantity, 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:

According to a report by Aaj Tak, Deputy Commissioner of Police for the Noida zone, Vidyasagar Mishra, stated that Elvish Yadav was arrested three days ago, but now that the section has been amended, Elvish Yadav was brought back to court today for the same. Charge under Section 8/20 has now been amended to 8/22.  

Yesterday, police also arrested Vinay and Ishwar, who were close to Elvish, were also presented in court amidst tight security. Both of them have been sent to judicial custody for 14 days.

Currently, Elvish Yadav's difficulties do not seem to be diminishing, as there is a lawyers' strike going on at the Surajpur Court which is hindering the possibility of his bail.

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