Narcotics, Drugs and Psychotropic Substances (NDPS)

NDPS-

The Narcotic Drugs and Psychotropic Substances Act, 1985 is usually related to as the NDPS Act, which stops any individual who is engaged in any activity consisting of creating, cultivating, selling, purchasing, transporting, storing, and/or consuming any narcotic drug or psychotropic material.

Controlled substances

The following list specifies the names of all substances prevented or controlled in India under the NDPS Act. The list uses the International Non-proprietary Name (INN) of the drugs but in some cases suggests drugs by their chemical name. Big known drugs such as Ganja, Cocaine, Heroin, etc. are mentioned by those names.

Cultivation/production/manufacture, possession, sale, purchase, transport, storage, consumption or distribution of any of the next substances, except for medical and scientific purposes and as per the laws or orders and provisions of licenses that may be issued, is unlawful.

Punishment

Anyone who violates the NDPS Act will face punishment based on the quantity of the forbidden substance.

• where the violation involves small quantity 1 kg, with rigorous imprisonment for a term which may extend to 6 months, or with fine which may spread to ₹10,000 or with both;
• where the contravention involves quantity lesser than commercial quantity but larger than small quantity, with severe imprisonment for a term which may extend to 10 years and with fine which may extend to ₹1 lakh;
• Where the violation involves commercial quantity, with severe imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and shall also be responsible to fine which shall not be less than ₹1 lakh but which may extend to ₹2 lakh.

Section 15: Punishment for infringement in connection to poppy straw.

15. Punishment for contravention in relation to poppy straw. Whoever, in violation of any provision of this Act or any rule or order made or provision of a licence granted thereunder, produce, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or raises or does any act in respect of warehoused poppy straw, shall be culpable

(a) Where the contravention involves small volume, with rigorous imprisonment for a term which may increase to six months, or with fine which may extend to 6 months, or with fine which may extend to Rs. 10,000 or both.

(b)where the contravention involves amount lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may increase to ten years and with fine which may continue 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 continue to 20 years and shall also be responsible to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

Given 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 connection to coca plant and coca leaves

Penalty for contravention in relation to coca plant and coca leaves.

Whoever, in contravention of any terms of this Act or any rule or order made or condition of licence granted there under, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves, shall be punishable with severe imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and shall also be responsible to fine which shall not be less than 1 lakh rupees but which may extend to 2 lakh rupees:

Provided that the court may, for reasons to be listed in the judgment, impose a fine exceeding two lakh rupees.

COMMENTS

Section 17: Punishment for infringement in relation to prepared opium

 Punishment for contravention in connection to processed opium. Whoever, in contravention of any provision of this Act or any rule or order made or state of licence granted thereunder manufactures, possesses, sells, purchases, carriers, imports inter-State, exports inter-State or uses ready opium shall be liable,-

(a) Where the contravention requires small quantity, with rigorous imprisonment for a term which may increase to 6 months, or with fine which may extend to six months, or with fine which may continue to 10 thousand rupees or both.

(b)where the contravention means quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to 10 years and with fine which may extend to one lakh rupees.

(c) Where the violation involves commercial quantity, with severe imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and shall also be responsible to fine which shall not be less than 1 lakh rupees but which may increase to 2 lakh rupees.

Granted that the court may, for reasons to be listed in the judgment, impose a fine passing two lakh rupees.

Section 18: Punishment for infringement in relation to opium poppy and opium

Punishment for infringement in relation to opium poppy and opium.

Whoever, in contravention of any terms of this Act, or any rule or order made or condition of licence granted there under plants the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, shipping inter-State or uses opium shall be condemned

(a) Where the violation involves small quantity, with rigorous confinement for a term which may extend to six months, or with fine which may extend to six months, or with fine which may continue to ten thousand rupees or both.

(b)where the violation involves quantity lesser than commercial quantity but greater than small amount, with severe imprisonment for a time which may extend to ten years and with fine which may extend to one lakh rupees.

(c) where the violation involves commercial quantity, with severe imprisonment for a term which shall not be less than ten years but which may continue to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may increase to two lakh rupees.

Provided that the court may, for purposes to be shown in the judgment, impose a fine capping two lakh rupees.

Section 19: Punishment for fraud of opium by cultivator

Punishment for theft of opium by the cultivator. Any cultivator licensed to grow the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium provided or any part thereof, shall be punishable with severe imprisonment for a term which shall not be less than ten years but which may continue to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may increase to two lakh rupees:

Provided that the court may, for purposes to be recorded in the judgment, impose a fine exceeding 2 lakh rupees.

Section 20: Penalty for contravention in connection to cannabis plant and cannabis

Punishment for infringement in relation to cannabis plant and cannabis.

Whoever, in violation of any provision of this Act or any rule or order, made or condition of licence granted thereunder,-

(a) encourages any cannabis plant; or

(b) Produces, manufactures, possesses, sells, purchases, transports, imports inter-State, transport/import inter-State or uses cannabis, shall be punishable,–

(i) Where such contravention describes to ganja or the taste of cannabis plant, with rigorous imprisonment for a term which may increase to five years and shall also be subject to fine which may extend to 50 thousand rupees;

(ii) where such contravention links to cannabis other than ganja, with rigorous imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and shall also be responsible to fine which shall not be less than one lakh rupees and which may extend to two lakh rupees:

Provided that the court may, for reasons to be filed in the judgment, impose a fine exceeding 2 lakh rupees.

Section 21: Punishment for infringement in relation to manufactured drugs and preparations

Punishment for contravention in relation to manufactured drugs and preparations. Whoever, in violation of any provision of this Act, or any rule or order made or condition of licence granted thereunder manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any arrangement containing any manufactured drug shall be punishable-

(a) Where the contravention involves small quantity, with severe imprisonment for a term which may extend to six months, or with fine which may extend to six months, or with fine which may continue to ten thousand rupees or both.

(b)where the contravention means quantity lesser than commercial amount but greater than small quantity, with rigorous confinement for a term which may extend to 10 years and with fine which may extend to 1 lakh rupees.

(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and shall also be responsible 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 purposes to be recorded in the judgment, require a fine exceeding two lakh rupees.