Maharashtra council clears bill to enable police to book drug peddlers under MCOCA

Mumbai, Jul 14 (PTI) The Maharashtra Legislative Council on Monday cleared an amendment to a bill for bringing drug peddlers and narcotics crimes under the purview of the stringent anti-organised crime law MCOCA.

The bill amending the Maharashtra Control of Organised Crime Act (MCOCA) was unanimously passed by the upper house, nearly a week after it was cleared by the assembly on July 9.

The legislative measure, once receiving the Governor's assent, will make it tough for drug peddlers to obtain bail after arrest.

Yogesh Kadam, Minister of State for Home (Urban), said on July 2 Chief Minister Devendra Fadnavis, who holds the home portfolio, had stated in the legislative council that the government would amend existing laws so that drug peddlers are booked under the stringent Act.

The bill was tabled in the assembly a week after the announcement and now it has received approval from both houses of the state legislature.

The amendment sought to expand the definition of "organised crime" in order to include activities related to narcotic drugs and psychotropic substances under the MCOCA's ambit.

The bill proposed to define production, manufacture, possession, sale and transport of narcotic drugs and psychotropic substances as organised crime.

The MCOCA, passed in 1999, defines organised crime as unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of it.

At present, those involved in drugs trade are booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The MCOCA has several stringent provisions, including extended detention periods (for accused), stricter bail conditions, and the admissibility of confessions made to police officers. Also, police get a longer period (180 days) to file a chargesheet compared to the standard 90 days under the Bharatiya Nyaya Sanhita (BNS) for serious offences. PTI PR RSY