THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
PREAMBLE:
An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances [,to provide for the forfeiture of property derived from, or used in illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith.
BRIEF:
Narcotic Drugs and Psychotropic Substances Act also commonly termed as the NDPS Act, made with the intention to control drugs of abuse and prohibit its use, manufacture, distribution, dissipation, and trade of substance of abuse. Narcotic drugs are those which induce sleep while psychotropic substances have the ability to alter the mind of individuals.
The act also has provisions for the cultivation of cannabis, poppy, or coca plants and manufacture of any psychotropic substances as these kinds of drugs have their importance in the practice of medicine. The main agenda of the act is to have a control on manufacturing, possession, selling and transporting of such narcotic and psychotropic substances.
The act bans around 200 psychotropic substances these drugs can be sold only when prescription for the same is available. Violation of this law may result into punishment with rigorous imprisonment or fine or both. The degree of punishment is purely dependent upon the harshness of the case being dealt with. If the drugs are being used for personal use then the punishment may be lesser. The act, presumes the guilt of the accused which brings the burden of proof on him. But bails can’t be given to accused of offences which fall under Sections 19, 24 or 27A of the NDPS Act and those relating to commercial quantities of drugs.
[Section 19: Punishment for embezzlement of opium by cultivator.
Section 24: Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.
Section 27A: Punishment for financing illicit traffic and harboring offenders.]
Table of Common Drugs under NDPS are as follow:
| Drugs |
Small Qty. |
Punishment |
Commercial Qty. |
Punishment |
Punishment for Intermediate Qty. (In between smaller & commercial quantity) |
| Heroin |
5g |
Maximum of 1 year rigorous imprisonment or a fine up to Rs. 10,000 or Both. |
250g |
Rigorous imprisonment from 10 years(min) to 20 years (max) and a fine from Rs. 1 lakh to 2 lakh. |
Rigorous imprisonment that may extend to 10 years & fine that may extend to Rs. 1 lakh. |
| Opium |
25g |
2.5kg |
| Morphine |
5g |
250g |
| Ganja (Cannabis) |
1 kg |
20kg |
| Charas (Cannabis resin) |
100g |
1kg |
| Coca leaf |
100g |
2kg |
| Cocaine |
2g |
100g |
| Amphet - Amine |
2g |
50g |
| LSD |
2mg |
100mg |
ORIGINAL JURISDICTION:
Session Judge/ Special Court
IMPORTANT PROVISIONS:
Section 20: Punishment for contravention in relation to cannabis plant and cannabis.—
Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,—
(a) cultivates any cannabis plant; or
(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable,—
[(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and
(ii) wheras such contravention relates to sub-clause (b),—
(A) and involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both;
(B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees;
(C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
Section 21: Punishment for contravention in relation to manufactured drugs and preparations.—
Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted there under, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,—
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
Section 29: Punishment for abetment and criminal conspiracy.—
(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which—
(a) would constitute an offence if committed within India; or
(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.
