Narcotics law and offence

Offence and penalties under NDPS act, 1985  

NDPS means narcotics drugs and psychotropic substances act.

Offences:

(1) Cultivation of opium, poppy, cannabis or coca plants without a licence.

• Rigorous imprisonment up to 10 years and fine up to Rs 1 lakh.
• Poppy straw - Section 15, Poppy and opium - Section 18, Cannabis - Section 20, Coca plant and leaves - Section 16.

(2) Embezzlement of opium by a licensed farmer.

• Rigorous imprisonment of 10 to 20 years and fine of Rs 1 to 2 lakh (irrespective of the amount).
• Section 19

(3) Production, manufacture, possession, sale, purchase, transport, inter-state import, inter-state export or use of drugs.

• Small quantity - Rigorous imprisonment up to 6 months or fine up to Rs 10,0000 or both *More than small quantity but less than commercial quantity - Rigorous imprisonment up to 10 years and fine up to Rs 1 lakh *Commercial quantity – Rigorous imprisonment for 10 to 20 years and fine up to Rs 1 to 2 lakh Small and commercial quantities are defined separately through notification for each drug.The dosages of important drugs are mentioned in the table below this section.
• Opium - section 18, Prepared opium - section 17, Cannabis - section 20, Manufactured drugs or preparations thereof - section 21, Psychotropic substances - section 22

(4) Import, export or transshipment of narcotic drugs and psychotropic substances.

• same as above.
• Section 23.

(5) NDPS covers outward transactions, that is, engaging in or controlling trade in which drugs are obtained from outside India and supplied to a person outside India.

• Rigorous imprisonment of 10 to 20 years and fine of Rs 1 to 2 lakh (irrespective of the amount).
• Section 24.

(6) Knowingly allowing your premises to be used for the commission of an offence.

• The same is the case with crime.
• Section 25.

(7) Financing traffic and harboring criminals.

• Rigorous imprisonment of 10 to 20 years and fine of Rs 1 to 2 lakh (irrespective of the amount).
• Section 27(A).

(8) Attempt, incitement and criminal conspiracy.

• The same is true for crime.
• Attempt - Section 28 Abetment and criminal conspiracy - Section 29.

(9) Preparation for committing a crime.

• Half the punishment for the crime.
• Section 30.

(10) Committing a crime repeatedly.

• A fine of one and a half times the maximum period of imprisonment and one and a half times the amount of the maximum fine can also be imposed. 
• Section 31.

(11) Death penalty for certain offences after previous conviction for offences punishable under sections 19, 24, 27(A),and offences involving commercial quantity.

• Punishment which shall not be less than the punishment specified in section 31 or death penalty.
• Section 31(A).

(12) Taking narcotic drugs.

• Cocaine, morphine, heroin - Rigorous imprisonment up to 1 year or fine up to Rs 20,000 or both Other narcotic drugs - Imprisonment up to 6 months or fine up to Rs 10,000 or both For treatment Addicts who voluntarily come forward are exempt from prosecution.
• Section 27 immunity – Section 64(A).

(13) Penalties for contraventions not elsewhere specified.

• Imprisonment up to 6 months or fine or both.
• Section 32.