Abstract
The Narcotic Drugs and Psychotropic Substances (NDPS) Act is a crucial legislation in India that addresses the control and regulation of narcotic drugs and psychotropic substances. Enacted in 1985, the Act aims to combat drug abuse and the illicit trafficking of drugs. It classifies drugs into different schedules based on their potential for abuse and medical use. The Act prohibits various activities related to drugs, including production, possession, sale, and consumption. It also covers offences related to drug trafficking and financing. The Act prescribes punishments based on the nature and quantity of drugs involved.
Keywords: NDPS Act, Narcotic Drugs and Psychotropic Substances Act, drug abuse, drug trafficking, control, regulation, punishments.
Introduction
The primary objective of the NDPS Act is to prevent the misuse and abuse of drugs while ensuring the availability of essential drugs for medical and scientific purposes. It classifies drugs into different schedules or categories based on their potential for abuse and their medical utility. The Act covers a wide range of substances, including opium, heroin, cannabis, cocaine, and various synthetic drugs.
The Act prohibits various activities related to narcotic drugs and psychotropic substances. These activities include the production, cultivation, manufacture, possession, sale, purchase, transport, and consumption of illicit substances. It also encompasses offences related to financing drug trafficking, harbouring offenders, and conspiring to commit drug-related offences.
The NDPS Act prescribes stringent punishments to deter drug-related crimes. The severity of punishment depends on the nature and quantity of drugs involved. Repeat offenders may face enhanced punishments, and aggravating factors can result in more severe penalties. The Act also includes provisions for the forfeiture of property derived from or used in drug offences. To enforce the provisions of the NDPS Act, designated officers such as police officers and customs officials are empowered to investigate drug-related crimes. The Act establishes special courts for the trial of these cases, ensuring speedy trials and safeguards for witnesses and victims.
Recognizing the importance of rehabilitation, the NDPS Act provides for the establishment of rehabilitation centres for the treatment and social reintegration of drug addicts. These centres play a vital role in addressing the health and social aspects of drug abuse, focusing on the recovery and rehabilitation of individuals struggling with addiction.
The NDPS Act has been subject to updates and amendments over time to address evolving challenges and align with international standards. Ongoing efforts are being made to improve the effectiveness of the Act, streamline enforcement procedures, and strengthen the rehabilitation framework.
Punishments under the NDPS Act, 1985
Chapter IV of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, encompassing Sections 15 to 40, delineates the offences and corresponding punishments outlined within the Act. These provisions identify specific activities that contravene societal norms and have been deemed unlawful due to their detrimental impact on individuals’ physical and mental well-being. The substances targeted by the Act possess the capacity to inflict both short-term relief and long-term consequences, adversely affecting an individual’s cognitive abilities. The inclusion of these activities as offences under the Act underscores the legal recognition of their harmful nature and seeks to safeguard the overall welfare of individuals.
Section 15: Punishment for contravention in relation to poppy straw.
This section deals with the punishment for offences related to poppy straw, including its cultivation, possession, sale, and transport. The punishment for contravening this provision can range from rigorous imprisonment for a term not less than 10 years but which may extend to 20 years, along with a fine of not less than Rs. 1 lakh.
| Quantity | Small | Lesser | Commercial |
| Imprisonment | One year | Ten years | Twenty years |
| Fine | Rs 10,000 | Rs 100,000 | Rs 100,000 – Rs 200,000 |
| Imprisonment + Fine | Both | ——————– | ———————— |
Section 16: Punishment for contravention in relation to coca plant and coca leaves.
This section covers offences related to the coca plant and coca leaves, including their cultivation, possession, sale, and transport. The punishment for contravening this provision is similar to Section 15, with rigorous imprisonment for a term which may extend to 10 years, along with a fine of not less than Rs. 1 lakh.
Section 17: Punishment for contravention in relation to prepared opium.
This section deals with offences related to prepared opium, including its production, possession, sale, and transport. The punishment for contravening this provision is similar to Sections 15 and 16, with rigorous imprisonment for a term not less than 10 years but which may extend to 20 years, along with a fine of not less than Rs. 1 lakh.
Section 18: Punishment for contravention in relation to opium poppy and opium.
This section covers offences related to both opium poppy and opium, including their possession, sale, transport and cultivation of opium. The punishment for contravening this provision is similar to Sections 15, 16, and 17, with rigorous imprisonment for a term not less than 10 years but which may extend to 20 years, along with a fine of not less than Rs. 1 lakh.
Section 19: Punishment for embezzlement of opium by cultivator.
This section addresses the offence of embezzlement of opium by a cultivator. If a person engages in the illegal disposal or embezzlement of opium, they are deemed to have committed an offence under this section. The punishment for this offence includes rigorous imprisonment for a minimum of ten years and a maximum of twenty years, along with a fine ranging from one lakh to two lakh rupees. Embezzlement of opium by a cultivator is a serious offence under the NDPS Act and carries substantial penalties.
Section 20: Punishment for contravention in relation to the cannabis plant and cannabis.
This section deals with offences related to the cannabis plant and cannabis, including their cultivation, possession, sale, and transport. The punishment for contravening this provision can vary based on the quantity involved, ranging from rigorous imprisonment for a term not less than 10 years but which may extend to 20 years, along with a fine of not less than Rs. 1 lakh.
Section 21: Punishment for contravention in relation to manufactured drugs and preparations.
This section covers offences related to manufactured drugs and preparations, including their production, possession, sale, and transport. The punishment for contravening this provision can vary based on the nature and quantity of the drug involved.
| Quantity | Small | Lesser | Commercial |
| Imprisonment | One year | Ten years | Twenty years |
| Fine | Rs 10,000 | Rs 100,000 | Rs 100,000 – Rs 200,000 |
| Imprisonment + Fine | Both | ——————– | ———————— |
Section 22: Punishment for contravention in relation to psychotropic substances.
This section deals with offences related to psychotropic substances, including their production, possession, sale, and transport. The punishment for contravening this provision can vary based on the nature and quantity of the substance involved.
Section 23: Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances.
Contravention of the NDPS Act regarding the import, export, or transhipment of narcotic drugs or psychotropic substances results in the following punishments: Small Quantity: Up to 6 months of rigorous imprisonment, or a fine of up to Rs. 10,000, or both. Lesser than Commercial Quantity: Up to 10 years of rigorous imprisonment and a fine of up to Rs. 1 lakh. Commercial Quantity: Not less than 10 years and up to 20 years of rigorous imprisonment, along with a fine of not less than Rs. 1 lakh and up to Rs. 2 lakhs.
Section 25: Punishment for allowing premises, etc., to be used for the commission of an offence.
The section of the NDPS Act states that individuals who knowingly allow their premises or property to be used for the commission of an offence under the Act will be punished according to the penalty prescribed for that specific offence. This provision holds accountable owners, occupants, or individuals in control of the property who facilitate drug-related offences by permitting their premises to be used for such activities.
Section 27: Punishment for consumption of any narcotic drug or psychotropic substance.
The section states that individuals who consume any narcotic drug or psychotropic substance will be subject to punishment. The nature of the punishment depends on the specific substance consumed:
(a) If the consumed substance is cocaine, morphine, diacetyl-morphine, or any other narcotic drug or specified psychotropic substance as notified by the Central Government, the punishment is rigorous imprisonment for up to one year, or a fine of up to twenty thousand rupees, or both.
(b) If the consumed substance is any narcotic drug or psychotropic substance other than those specified in (a), the punishment is imprisonment for up to six months, or a fine of up to ten thousand rupees, or both.
Section 29: Punishment for abetment and criminal conspiracy.
The section stipulates that individuals who abet or engage in a criminal conspiracy to commit an offence under the Act will be subject to punishment, regardless of whether the offence is actually carried out. This applies even if the offence takes place outside India, as long as it would constitute an offence within India or is an offence relating to narcotic drugs or psychotropic substances with legal conditions similar to those punishable under the Act. The punishment provided for the offence will be applicable in such cases.
Conclusion
The NDPS Act plays a vital role in controlling drug abuse and illicit drug trafficking in India. Through its provisions, the Act aims to deter drug-related offences, punish offenders, and ensure the availability of drugs for legitimate purposes. The Act’s punishments range from imprisonment to fines, with enhanced penalties for repeat offenders and aggravating factors. The Act also emphasizes the importance of rehabilitation and provides for the establishment of rehabilitation centres. Ongoing efforts and collaborations are necessary to effectively enforce the Act, address emerging challenges, and work towards a drug-free society.
This article is written by Nyssa Shah, Kirit. P. Mehta School of Law, Mumbai, B.B.A LL.B.(Hons.) in 1st Year during her internship at LeDroit India.
References
- https://indiankanoon.org/doc/1727139/
- https://www.legalserviceindia.com/legal/article-2354-introduction-and-overview-of-narcotic-drugs-and-psychotropic-substances-act-1985.html
- https://www.legalserviceindia.com/legal/article-10956-offences-and-penalties-under-ndps-act-1985.html
- https://blog.ipleaders.in/offences-punishments-ndps-act-1985/
- https://pdfcoffee.com/a-critical-analysis-on-narcotic-drugs-and-psychotropic- substances-act1985-1docx-pdf-free.html
