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Report No. 155

Annexure III

The Punishments Provided for Offences Under NDPS Act, 1985, (As Amended by Act no. 2 of 1989)

S. Nos.

Description of officers

Minimum

Maximum

Imprisonment

Fine

Imprisonment

Fine

(1)

(2)

(3)

(4)

(5)

(6)

1

Cultivation, production, manufacture, possession, sale, purchase, transportation concealment, use or consumption, import/export inter-state
(a) Poppy Straw (section 15)

10 Years' R.I

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

(b)Coca plants and coca leaves (section 16)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

(c)Opium poppy, opium and prepared opium (Sections 17, 18, 19)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

(d) Cannabis other than ganja (section 20)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

(e) Ganja (section 20)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

(f) Manufacture drugs and preparations (section 21)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

(g) All psychotropic substances (section 22)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

2

Punishment for illegal import inti India,or export from India,or transshipment of narcotic drugs and psychotropic substances (section 23)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

3

Punishment for external dealing in narcotic drugs and psychotropic substances in contravention of section 12 (section 24)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

4

Punishment for all allowing premise, enclosure, space place, animal or conveyance, knowingly for commission of offence (section 25)

10 Years' R.I.

Rs. 1 lakh

20 years' R.I.

Rs. 2 lakh

5

Punishment for production, manufacture possession, import/export inter-state, sale, purchase consumption, use, storage distribution, disposal or acquisition of any controlled substance (section 25A)

Upto, 10 Years' R.I.

Upto Rs. 1 lakh

6

Punishment for certain acts by licensee or his servants (section 26)
7(a) Punishment for illegal possession in small quantity for personal consumption of cocaine, morphine or any other narcotic drug or psychotropic substance as may be be notified by Central government (section 27)
(b) Punishment for illegal possession in small quantity for personal consumption of narcotic drugs or psychotropic substances other than those specified in 7(a) (section 27)

Upto 6 months' imprisonment

Or with fine, or with both

8

Punishment for financing, directly or indirectly, abetting or conspiring in the furtherance of an offence harbouring persons engaged in the aforementioned activities (section 27 A)

10 years' R.I.

Rs. 1 lakh

20 Years' R.I.

Rs. 2 lakh

9

Punishment for attempts to commit any offence punishable under chapter IV of the Act or cause such offence to be committed and in such attempts does any act towards the commission of the offence (section 28)

As provided for that particular offence.

10

Punishment foe abetment and criminal conspiracy to commit, an offence punishable under chapter IV of the Act, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy (section 29)

As provided for that particular offence.

11

Punishment for preparations to do anything or commission to do any thing which constitutes an offence punishable under any of the provisions of sections 15 to 25 (both inclusive) (section 30)

Half the normal punishment

Half the normal punishment

12

Repeat offence

Double the normal punishment

Double the normal punishment

13

Punishment for subsequent conviction in respect, of commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an an offence relating to production, manufacture, possession, transportation, import into India, or transshipment of narcotic drugs of psychotropic substances for specified quantities of certain narcotic drugs or psychotropic substances as mentioned in section 31 A (section 31 A)

1. Death penalty has been provided under the NDPS (Amendment) Act, 1988 for the first time in the history of India. Under section 31A cited, where a person has been convicted by a competent court of criminal jurisdiction outside India, he shall be dealt with as if he had been convicted by a court in India.

2. Besides, as per the provisions of section 32A, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force (but subject to the provisions of section 33), no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.

3. Section 36 provides for constitution of Special Courts for the speedy trial and punishment of offenders.

4. Section 37 stipulates that offences shall be cognizable and non bailable.

5. Under section 59, dereliction of duty cast on an officer under this Act or wilful abetment/connivance shall be punishable with 10 Years' R.I./fine Rs. 1 lakh extensible to 20 Years' R.I./fine of Rs. 2 lakh. (The term 'officer' includes for the purpose any person employed in a hospital/institution maintained/recognised by the Government/local authority.)

6. Section 64A provides for immunity from prosecution to addicts volunteering for treatment.



Drugs and Psychotropic Substances Act, 1985 Back




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