Thursday 12 October 2023

Offences and Punishments Under The Narcotic Drugs and Psychotropic Substances Act, 1985

The Narcotic Drugs and Psychotropic Substances Act, 1985

Offences and Punishments

Section

Offense

Punishment

Section 15

Contravention in relation to poppy straw

      (1) Small quantity: Imprisonment Up to 1 year, or fine up to Rs. 10,000, or both.

      (2)Quantity less than commercial quantity but greater than small quantity: Imprisonment Up to 10 years & fine up to Rs. 1 lakh.

       (3) Commercial quantity: Imprisonment 10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine).

Section 16

Contravention in relation to coca plant and coca leaves

Imprisonment Up to 10 years & fine up to 1 lakh.


Section 17

Contravention in relation to prepared opium

       (1) Small quantity: Imprisonment Up to 1 year, or fine up to Rs. 10,000, or both

      (2) Quantity less than commercial quantity but greater than small quantity:  Up to 10 years in prison, and fine up to Rs. 1 lakh.

       (3)Commercial quantity: Imprisonment 10 to 20 years & fine 1 to Rs. 2 lakh Rs (court may impose a higher fine).

Section 18


Contravention in relation to opium poppy and opium


      (1)Small quantity: Imprisonment Up to 1 year, or fine up to Rs. 10,000, or both.

      (2) Quantity less than commercial quantity but greater than small quantity: Up to 10 years in prison, and fine up to Rs. 1 lakh.

      (3) Commercial quantity: Imprisonment 10 to 20 years & fine 1 to Rs. 2 lakh Rs (court may impose a higher fine).

Section 19

Embezzlement of opium by cultivator

     Imprisonment 10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine)

Section 20

 


Contravention in relation to cannabis plant and cannabis

 


     Cultivation of cannabis plant: Up to 10 years in prison, and fine up to Rs. 1 lakh.

            Ø Other offenses: -

       (1) Small quantity: Imprisonment Up to 1 year or fine up to Rs. 10,000 or both

      (2)Quantity less than commercial quantity but greater than small quantity: Imprisonment  Up to 10 years & fine up to 1 lakh Rs

      (3) Commercial quantity: Imprisonment 10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine).

Section 21


Contravention in relation to manufactured drugs and preparations


      (1) Small quantity: Imprisonment Up to 1 year or fine up to Rs. 10,000 or both.

      (2) Quantity less than commercial quantity but greater than small quantity: Imprisonment  Up to 10 years & fine up to 1 lakh Rs

      (3) Commercial quantity: Imprisonment 10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine).

Section 22

Contravention in relation to psychotropic substances

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Section 23

Illegal import, export, or transshipment of narcotic drugs and psychotropic substances

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Section 24

External dealings in narcotic drugs and psychotropic substances in contravention of Section 12

Imprisonment 10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine)

Section 25

Allowing premises to be used for the commission of an offence

Punishment as per the respective offence committed in the premises.

Section 25A

Contravention of orders made under Section 9A

Imprisonment Up to 10 years & fine up to 1 lakh Rs

Section 26

Certain acts by licensee or his servants

Imprisonment Up to 3 years or fine, or both.

Section 27

Consumption of narcotic drug or psychotropic substance

 Cocaine, morphine, diacetyl-morphine, or specified substances:

Imprisonment Up to 1 year or fine up to Rs. 20,000, or both.

 Other substances: Imprisonment Up to 6 months or fine up to Rs. 10,000, or both.

Section 27A

Financing illicit traffic and harboring offenders

Imprisonment 10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine).

Section 27B

Contravention of Section 8A

Imprisonment  3 to 10 years & fine.

Section 28

Attempts to commit offences

Punishment as per the respective offence.

Section 29

Abetment and criminal conspiracy

Punishment as per the respective offence.

Section 30

Preparation

Punishment as per the respective offence.

Section 31

Enhanced punishment for repeat offenders

Increased punishment for subsequent convictions.

Section 31A

Death penalty for certain repeat offenses

Death penalty for certain repeat offenses.

Section 32

Offense for which no specific punishment provided

Imprisonment  Up to 6 months or fine, or both.


Written By :  Harshavardhan Prakash Deshmukh,

Personal Account - https://www.instagram.com/bhaiyaaofficial/

B.A.LL.B. = Modern Law College, Pune

Dabangg Lawyer (80K+ Followers) - https://www.instagram.com/dabangglawyer/

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