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Union of India - Section

Section 5 in United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substance, 1988

5. The Parties shall ensure that their courts and other competent authorities having Justification can take Into account factual circumstances which make the commission of the offences established in accordance With paragraph 1 of this article particularly serious, such as:

(a)The Involvement In the offence of an organized criminal group to which the offender belongs;
(b)The involvement of the offender in other international organized criminal activities;
(c)The Involvement of the offender in other illegal actiVities facilitated by commission of the offence,
(d)The use of violence or arms by the offender;
(e)The fact that the offender holdS a public office and that the offence Is connected with the office m question.
(f)The Victimization of use of mirrors;
(g)The fact that the offence iS committed in a penal institution or to an educational institution or Social service facility or in their Immediate vicinity or in other places to which school children and students resort for educational, sports and Social activities;
(h)Prior conviction particularly for Similar offences, whether foreign domestic, to the e~tent permitted under the domestic law of a Party.