This article is written by Yash Singhal and Nikunj Arora of Amity Law School, Noida.
Table of Contents
Introduction
The Narcotic Drugs and Psychotropic Substances Act, 1985 is a central legislation to regulate production, consumption and transportation of such harmful substances as specified under the Act. It was enacted with the view to direct the population away from the illicit substances that are capable of hampering the physical well-being of an individual.
It extends to the whole of India, along with areas outside India to all citizens beyond the territorial jurisdiction of the country or individuals on ships or aircrafts registered in India. The legislation has provided exhaustive definitions of all the important terms under the scope of the Act. It has laid emphasis on the Central Government’s authority over the provisions of the Act and how much powers they possess to enforce the legislation.
Offences and punishments under the Act
Chapter IV, that is from Section 15 to 40, provides for various offences and punishments under the Act. It has identified certain activities that are against the acceptable social norms which have been included in the category of offences in the Act. These activities are forbidden by law due to the effect it causes to the physical health of an individual. These substances have the potential to damage the mental abilities of an individual as well. Even if it relieves the person of any suffering for a short while, its side effects are on the display in the long run.
Poppy straw
Section 15 of the Act provides for the act of production, possession, transportation, selling, purchasing or any other involvement that shall lead to an offence under the provisions of this Section. The punishments have been decided on the basis of the quantity of poppy straw involved in the whole transaction.
Small quantity of poppy straw may lead up to one year of rigorous imprisonment, or with fine, extending up to ten thousand rupees, or both. A quantity which is greater than the small quantity but fewer than the commercial quantity shall invite rigorous imprisonment up to ten years and a fine up to one lakh rupees. In case of a transaction involving a commercial quantity of poppy straw, the punishment includes rigorous imprisonment for a term not less than ten years and extendable up to twenty years along with a fine, not less than one lakh rupees but can be up to two lakh rupees.
Coca plant and leaves
Section 16 of the Act provides for the provisions in contravention of the rules made under the Act regarding the cultivation, production, possession, selling, purchasing, transportation and any other activity with respect to the violation of the provisions this Act. The punishment for the offence under the Section includes rigorous imprisonment up to a term of ten years along with a fine extending up to one lakh rupees.
Prepared opium
Section 17 of the Act provides for the provisions dealing with activities in violation of the Act with respect to prepared opium. This Section bars the process of manufacturing, possession, selling, purchasing, transportation or usage of prepared opium. It has been identified as a substance with the capacity to harm an individual, physically or mentally with its ingredients. The punishments for either of the restricted activities carried out by an individual are similar to that of poppy straw, listed under Section 15.
Opium poppy and opium
Section 18 of the Act provides for the process of manufacturing, purchasing, production, possession, transportation or selling of opium poppy and opium as an act being in contravention of the provisions under this Act. The punishments for the violation under this Section is similar as to the punishments provided under Section 15 or 17.
Embezzlement of opium
Section 19 of the Act provides for an act identified as embezzlement of opium, which is in violation of the provisions under the Act and hence, an offence characterized under Chapter IV. Any person who embezzles, himself or involved in the activity, or otherwise illegally disposes off the opium shall be held liable under this Section. The punishment for this offence includes rigorous imprisonment of a term not less than ten years with an extension of up to twenty years along with a fine, not being less than one lakh rupees but can be increased up to two lakh rupees.
Cannabis plant and cannabis
Section 20 of the Act provides for the offence relating to the process of cultivation, production, manufacturing, possession, selling, purchasing or transportation of cannabis plant and cannabis. In case a person is caught cultivating cannabis, he/she stands punishable with rigorous imprisonment of a term extending up to ten years along with a fine which can be up to one lakh rupees. For any other act other than cultivation, the punishments are divided on the intensity/quantity of the object. The three punishments included in all the other Sections are followed in this Section as well.
Manufactured drugs and preparations
Section 21 of the Act provides for an offence of manufacturing, possession, selling, purchasing, transportation, or usage of any manufactured drug or its preparation as an act in contravention of the provisions under the Act. The punishments under this Section is similar to the three-tier punishment system listed under other Sections of this Act.
Psychotropic substances
Section 22 of the Act provides for any act or rule in relation to the process of manufacturing, transportation, selling, purchasing, possession or usage of psychotropic drugs may lead to an offence according to this Section. The punishments under this Section is again similar to the three punishments system followed for other offences under the Act.
Transhipment of narcotic drugs and psychotropic substances
Section 23 of the Act provides for import to India or export from India of any illegal drug specified under the Act. The transhipment of narcotic drugs and psychotropic substances are restricted under the legal parlance under the scope of this Act. The punishments for the offence includes the similar three-tier punishment system followed everywhere under the Act.
External dealings
Section 24 of the Act provides for the act of external dealings in narcotic drugs and psychotropic substances outside India to other individuals residing in a territory which is beyond the boundaries of India. It is an offence under this Section. The punishment for this offence includes rigorous imprisonment of a term not less than ten years, extending up to twenty years along with a fine, not less than one lakh rupees and can be increased to two lakh rupees.
Allowing premises for the commission of an offence
Section 25 of the Act provides for a situation wherein an individual allows his premises to be used for the commission of any offence stated under the Act. The person must knowingly allow the offender for this Section to apply.
Acts by a licensee or his servants
Section 26 of the Act provides for acts by a licensee or his servants in furtherance to them being in contravention with the provisions of the Act. If a person, with licence or an agent/servant employed by him:
- omits, without any reasonable cause, to maintain accounts; or
- fails to produce without any reasonable cause such licence, permit or authorisation on demand; or
- keeps accounts or makes statements which are false or he knows it to be false; and
- wilfully or knowingly does any act in violation of the conditions of the licence. The punishment for the offence includes imprisonment for a term up to three years or with fine, or both.
Consumption of narcotic drugs or psychotropic substances
Section 27 of the Act provides for the act of consuming any narcotic drugs or psychotropic substances which is an offence for the purpose of the Act. Any person consuming substances such as morphine, cocaine, diacetyl-morphine and any other drug later specified as one by the central government under a notification shall lead to rigorous imprisonment for a term extending up to one year or fine up to twenty thousand rupees, or both.
Any narcotic drug or a psychotropic substance, other than those included in the list, shall lead to imprisonment up to six months or fine up to ten thousand rupees, or both.
Financing illicit trafficking and harbouring offenders
Section 27A of the Act provides for the offence of financing illicit trafficking and harbouring offenders in contravention of the provisions of the Act. Any person, financing or harbouring, directly or indirectly, any illicit acts of trafficking, may arise criminal liability against himself. The punishment for the offence shall be imprisonment of not less than ten years but extending up to twenty years and a fine of not less than one lakh rupees which can be increased up to two lakh rupees.
An overview of key offences and punishments
The quantum of punishment under the NDPS Act is based on the quantity of drugs found which may be classified into 3 categories: small, less than commercial and commercial. As a result, the punishment may be as low as rigorous imprisonment for one year if the drugs found are in small quantity and as high as 20 years imprisonment for a large quantity of drugs. The amount of small and commercial quantity is specified by the Central Government. The quantity for some common drugs is as follows:
A. Amphetamine: small quantity – 2 grams, commercial quantity – 50 grams.
B. Cocaine: small quantity – 2 grams, commercial quantity – 100 grams.
C. Codeine: small quantity – 10 grams, commercial quantity – 1 kg.
D. Ganja: small quantity – 1 kg, commercial quantity – 20 kg.
E. Heroin: small quantity – 5 grams, commercial quantity – 250 grams.
F. Morphine: small quantity – 5 grams, commercial quantity – 250 grams.
G. Poppy straw: small quantity – 1 kg, commercial quantity – 50 kg.
Sec. 8 of the Act explicitly prohibits the cultivation of opium, poppy, coca or cannabis plants as well as the production, manufacture, distribution including warehousing, transport, purchasing and selling of prohibited drugs and psychotropic substances. It also prohibits their financing as well as consumption and harboring offenders guilty under the Act.
As per Sec. 19, any farmer who cultivates opium in accordance with a license but embezzles it shall be punished with rigorous imprisonment for a term ranging between 10 and 20 years and shall also be liable to pay a fine ranging between Rs. 1 and 2 lakh rupees. The production, manufacture, possession, sale, purchase, transport, import and export among states or use of narcotic drugs and psychotropic substances such as poppy straw, prepared opium, opium poppy, cannabis, etc shall result in:
a. In case of small quantity, rigorous imprisonment up to one year with/ without fine up to Rs. 10,000;
b. In case the quantity is between small and commercial, rigorous imprisonment up to 10 years and fine up to Rs. 1 lakh; and
c. In cases involving commercial quantity, rigorous imprisonment between 10-20 years and fine ranging between Rs. 1 and 2 lakh rupees.
However, if the contravention pertains to ganja, the punishment would be significantly less i.e. rigorous imprisonment for a term which may extend up to 5 years and fine up to Rs. 50,000. In all the aforementioned cases, the court can increase the fine by recording the reasons for the same in the judgment.
As per Sec. 23, any person who engages in illegal import/ export/ transshipment of narcotic drugs/psychotropic substances shall have to face punishment ranging between rigorous imprisonment for 1 to 20 years and fine ranging between Rs. 10,000 and Rs. 2 lakh based on the quantity of the prohibited substance.
Sec. 24 clearly states that any person who engages in external dealings in contravention of the Act shall be punished with rigorous imprisonment ranging between 10-20 years and fine ranging between 1-2 lakh rupees. Any person who knowingly allows his premises to be used for the commission of any offence under the Act shall be punished with rigorous imprisonment ranging between 10-20 years and fine ranging between 1 and 2 lakh rupees. Any person financing illicit traffic or harboring an offender shall also face the same punishment.
In case a person consumes a narcotic drug or psychotropic substance; the punishment would vary depending on the substance consumed. If the substance consumed is cocaine, morphine or diacetyl-morphine, then the punishment would be rigorous imprisonment up to 1 year with or without fine up to Rs. 20,000. If the accused consumes any other substance, he would have to face rigorous imprisonment up to six months with or without fine up to Rs. 10,000.
The court is empowered to send any person who is imprisoned for consumption of drugs to an appropriate medical centre for seeking necessary treatment. Agencies seizing the drugs are required to destroy them suitably in the prescribed manner. In addition, if the accused is found to have any illegal property, it shall be forfeited to the central government. The proceeds from the sale of such illegally acquired properties shall be pooled into the National Fund for Control of Drug Abuse in order to facilitate the treatment of drug addicts and to promote initiatives for drug control.
Conclusion
The Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted with the objective of controlling and regulating the transportation, usage and/or consumption of these illicit substances. The purpose for which the Act was enacted has been achieved in its implementation process. The central government along with the respective state governments have been successful in introducing rules in relation to the Act to increase its positive effect on the society. The offenders identified under the Act have also been provided with a chance of fair trial while following the principles of natural justice. The right to appeal has also been provided against the decision of the Tribunals.
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