Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer

Recently, Shah Rukh Khan's son Aryan Khan along with seven others were charged with various sections under Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act). The following article shall seek to explain the legislative intent behind the law, the offences therein, the punishment prescribed and the provisions for bail etc. The NDPS Act was enacted with the objective to make stringent provisions and consolidate the law in relation to narcotic drugs and psychotropic substances. Narcotic Drug and Psychotropic Substance - Meaning The NDPS Act defines narcotic drug[i] as coca leaf, cannabis (hemp), opium, poppy straw, derivatives/concentrates of all the aforementioned substances and other narcotic substances notified by the Central Government in the official gazette. Further, psychotropic substances[ii] are defined to include any natural or synthetic substances included in the list of psychotropic substances specified in the Schedule of NDPS Act. Offences and Exceptions under NDPS Act The NDPS Act punishes the possession, purchase, sale, transport, consumption etc. of a narcotic drug or psychotropic substance[iii]. Any use of narcotic drugs and psychotropic substances for scientific or medicinal purposes are exempted from the rigour of the law. However, even in those cases, one needs to obtain the required permit or authorisation[iv]. Small Quantity versus Commercial Quantity The quantum of punishment under NDPS Act depends upon the quantity of narcotic drugs and psychotropic substances found. Small quantity[v] means any quantity lesser than the quantity specified by the Central Government and commercial quantity[vi] means any quantity greater than the quantity specified by the Central Government. Both small and commercial quantities for various drugs have been notified[vii]. For instance, for the substances seized by Narcotics Control Bureau (NCB) in the recent raids that led to the arrest of Aryan Khan and others, small quantity and commercial quantity are as follows[viii]- Narcotic drug/ psychotropic substance Small Quantity Commercial Quantity Cocaine 2 grams 100 grams MDMA 0.5 gram 10 grams Charas (cannabis) 100 grams 1 kg Punishment under NDPS Act The punishment under NDPS Act becomes more stringent as the quantity of drugs found increases from small quantity to commercial quantity. Punishment for contraventions relating to various substances, for possession, purchase, sale, use etc. in small quantity, is rigorous imprisonment up to one year, or fine up to ten thousand rupees, or both[ix]. Whereas if the quantity is between small and commercial, punishment is rigorous imprisonment up to ten years and fine up to one lakh rupees[x]. For commercial quantity, punishment is rigorous imprisonment of ten to twenty years and fine of up to two lakh rupees[xi]. Enhanced punishment There will also be enhanced punishment of one and half times the maximum term of imprisonment and one and a half times the fine, if one is convicted of an offence with the same amount of punishment after a previous conviction[xii]. NDPS Act also empowers the judges to impose a fine exceeding two lakh rupees while providing reasons for the same in the judgment. Punishment WRT Consumption For consumption, the punishment is imprisonment of six months to one year or fine of ten to twenty thousand rupees or both, depending upon the types of drugs used[xiii]. Punishment WRT attempt, allowing use of premises for an offence Even the attempt to commit an offence under NDPS Act is punishable with the same punishment as that of the offence[xiv]. Similarly, if an owner or occupier or others of the same nature, knowingly permit the commission of an offence in their premises, it incurs the same punishment as if the offence was committed by them[xv]. Commutation/suspension of sentence not allowed Owing to the serious nature of the offences, no sentence awarded under the NDPS Act can be commuted except the sentence awarded for consumption[xvi]. Presumption of Motive Crucially, while prosecuting an offence under NDPS Act, the accused is presumed to have the motive or culpable mental state required for commission of the offence and it is upon the accused to prove that he had no such mental state.[xvii] Presumption of Offence from Possession The accused is presumed to have committed an offence, unless and until the contrary is proved, if he is found to be in possession of narcotic drugs, psychotropic substances etc[xviii]. Appeal and Bail High Court is the court of appeal as per the NDPS Act[xix]. Every offence punishable under NDPS Act is cognizable i.e., the authorities can arrest without obtaining a warrant[xx]. The issue of bail under NDPS is a...

Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer

Ahalya Chalasani

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Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer

Ahalya Chalasani

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