The International Day Against Drug Abuse and Illicit Trafficking is a United Nations International Day against drug abuse and illegal drug trade. It is observed every year on the 26th June since 1989 to raise awareness against the substance abuse as well as the unlawful trade of drugs.
In India, narcotics like opium and various cannabis derivatives (bhang, marijuana/ganja and hashish) were mostly consumed for medicinal purposes, for recreation or during religious and other social ceremonies. But, drug trafficking became an issue of concern in the early 1980,s in the wake of the inflow of heroin, which has widespread and disastrous consequences. Hence, stringent laws were necessary in the field of illicit drug traffic and drug abuse.
The Opium Act, 1857, the Opium Act, 1878 and the Dangerous Substances Act, 1930 were there to take statutory control over narcotic drugs. But, with the passage of time, these enactments were found inadequate to deal with the developments in the field of illicit drug trafficking and drug abuse.
Therefore, with a view to amend the existing laws, the Narcotic Drugs and Psychotropic Substances Bill was introduced in the Parliament and the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) came into force on 1985.
The NDPS Act aims to prohibit a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store and/or consume any narcotic drug or psychotropic substance.
Chapter IV of Narcotic Drugs and Psychotropic Substances Act, 1985 deals with the provisions of “Offences and Penalties” which describes punishment for the offences related to drug trafficking and drug abuse. Some of the important provisions has been discussed as follows.
- Section 15
Punishment for contravention in relation to poppy straw-
(a) when the contravention involves small quantity – rigorous imprisonment which may extend to one year or with fine which may extend to ten thousand rupees or with both, or
(b) when the contravention involves quantity lesser than commercial quantity but greater than small quantity – rigorous imprisonment which may extend to ten years and with fine which may extend to rupees one lakh, or
(c) when the contravention involves commercial quantity – rigorous imprisonment 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 16
Punishment for contravention in relation to coca plant and coca leaves – punishable with rigorous imprisonment which may extend to ten years or with fine which may extend to one lakh rupees.
- Section 17
Punishment for contravention in relation to prepared opium-
(a) when the contravention involves small quantity – rigorous imprisonment which may extend to one year or with fine which may extend to ten thousand rupees or with both, or
(b) when the contravention involves quantity lesser than commercial quantity but greater than small quantity – rigorous imprisonment which may extend to ten years and with fine which may extend to rupees one lakh, or
(c) when the contravention involves commercial quantity – rigorous imprisonment 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 18
Punishment for contravention in relation to opium poppy and opium-
(a) when the contravention involves small quantity – rigorous imprisonment which may extend to one year or with fine which may extend to ten thousand rupees or with both, or
(b) when the contravention involves commercial quantity – rigorous imprisonment 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.
(c) In any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees.
Photo Source: Oh Fact
Section 19
Punishment for embezzlement of opium by the cultivator-
Punishable with rigorous imprisonment 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 20
Punishment for contravention in relation to cannabis plant and cannabis-
(a) Whoever cultivates any cannabis plant – shall be punishable with rigours imprisonment which may extend to ten years shall also be liable to fine which may extend to one lakh rupees, and
(b) whoever produces, manufactures, possesses, sells, purchases, transports, imports inter-state or exports inter-state or uses cannabis shall be punishable-
(i) when involves small quantity – rigorous imprisonment which may extend to one year or with fine which may extend to ten thousand rupees or with both, or
(ii) when involves quantity lesser than commercial quantity but greater than small quantity – rigorous imprisonment which may extend to ten years and with fine which may extend to rupees one lakh, or
(iii) when involves commercial quantity – rigorous imprisonment 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.
Photo source: Wired
- Section 21
Punishment for contravention in relation to manufactured drugs and preparations –
(a) when the contravention involves small quantity – rigorous imprisonment which may extend to one year or with fine which may extend to ten thousand rupees or with both, or
(b) when the contravention involves quantity lesser than commercial quantity but greater than small quantity – rigorous imprisonment which may extend to ten years and with fine which may extend to rupees one lakh, or
(c) when the contravention involves commercial quantity – rigorous imprisonment 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 22
Punishment for contravention in relation to psychotropic substances –
(a) when the contravention involves small quantity – rigorous imprisonment which may extend to one year or with fine which may extend to ten thousand rupees or with both, or
(b) when the contravention involves quantity lesser than commercial quantity but greater than small quantity – rigorous imprisonment which may extend to ten years and with fine which may extend to rupees one lakh, or
(c) when the contravention involves commercial quantity – rigorous imprisonment 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 23
Section 23: Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances –
(a) when the contravention involves small quantity – rigorous imprisonment which may extend to one year or with fine which may extend to ten thousand rupees or with both, or
(b) when the contravention involves quantity lesser than commercial quantity but greater than small quantity – rigorous imprisonment which may extend to ten years and with fine which may extend to rupees one lakh, or
(c) when the contravention involves commercial quantity – rigorous imprisonment 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 24
Punishment for external dealings in narcotic drugs and psychotropic substances in contravention with Section 12 –
Whoever engages in or controls any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government, shall be punishable with rigours imprisonment 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 27
Punishment for consumption of any narcotic drug or psychotropic substance –
Whoever consumes any narcotic drug or psychotropic substance shall be punishable –
(i) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or psychotropic substance specified in this behalf by the Central Government, with rigours imprisonment which may extend to one year or with fine which may extend to twenty thousand rupees, or with both, or
(ii) where the narcotic drug or psychotropic substance consumed is other than those specified under clause (i), with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees, or with both.
- Section 27 A
Punishment for financing illicit traffic and harbouring offenders –
Whoever, indulges in financing, directly or indirectly, for illicit trafficking of narcotic drug or psychotropic substances or harbours any person engaged in such activities, shall be punishable with rigours imprisonment 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.
Though the NDPS Act, 1985 has given some strict provisions as a solution to deal with the menace of drug trafficking and drug abuse, effective implementation of the Act and time bound judicial process are the need of the hour.
These were the legal provisions to prevent Drug Abuse and Illicit Trafficking in India under NDPS Act. Read more about International Day Against Drug Abuse and Illicit Trafficking here.
Subhalaxmi Chakravarty contributed this article to Discover East. She is a Guwahati based lawyer and has a knack for traveling.
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(Feature image source: UNSW Newsroom)
