Punishments under the NDPS Act
The NDPS Act specifies a range of punishments based on the number of narcotics found. The harshness of the punishment will vary depending on the offense. If the narcotics were used for personal use, the punishment can be lessened. In response to changes, it now categorizes punishment into three groups based on the number of drugs found and gives judges discretion
over the harshness of the sentence.
- In the case of cannabis, sanctions for the cultivation of the plant may include hard imprisonment for up to ten years, in addition to a fine that may be as high as Rs 1 lakh.
- Additionally, depending on the quantity recovered, those who cultivate, manufacture, possess, sell, buy, transport, and traffic illegal cannabis may face legal or criminal penalties. As a result, being detained for possessing a “little quantity” of marijuana carries a harsh prison sentence of up to one year and a fine of up to Rs 10,000.
- If the amount is larger than a small quantity but less than a commercial quantity, the offender might receive a harsh 10-year prison sentence and a fine of up to Rs 1 lakh.
- Cannabis used in commercial amounts will result in strict incarceration for a term that must not be less than 10 years but may reach 20 years. Along with the court’s authority to impose fines of more than two lakh rupees, a fine of not less than one lakh rupees and up to two lakh rupees may also be imposed.
- A “small quantity” of cannabis, according to the Department of Revenue, is one kilogram or less, whereas a “commercial quantity” would be 20 kilograms or more.
- Additionally, Section 27 of the Act addresses penalties for consuming narcotic drugs and psychoactive substances. It states that if cocaine, morphine, diacetylmorphine, or any other narcotic drug or psychoactive substance is consumed, the penalty is either a year in jail or a fine of up to 20,000 rupees.
- Any other substance for which there is no established punishment will result in a punishment of up to six months in jail and/or a fine of up to Rs 10,000.
- The Act mandates severe penalties for repeat violators, including fines up to one and a half times the maximum fine and jail terms up to one and a half times the maximum period of imprisonment. Depending on the number of drugs confiscated, repeat offenders may also receive a death sentence if they are proven guilty of a related offense.
- According to Section 28 of the Act, the punishment for committing an offense under the NDPS Act may even be the same as the punishment for the offense itself. A comparable clause in Section 25 states that anyone who intentionally allows an offense to be committed on their property by another person would receive the same penalty as if they had committed the offense themselves. Due to the seriousness of the offense, the NDPS Act was amended in 1989 to make
all sentences non-commutable, with the exception of those for drug ingestion.
Narcotic Drugs and Psychotropic Substances (NDPS) Act
To combat drug misuse and outlaw its use, distribution, manufacturing, and trade, the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) was enacted in 1985. Narcotic medicines cause drowsiness, whereas psychotropic substances affect the mind and alter it for the better. The NDPS Act was approved by the Indian Parliament on November 14th, 1985. In the practice of medicine, several substances have a position. As a result, the Act contains provisions for the growth of cannabis, poppies, and coca plants as well as the production of psychoactive compounds related to their growth.
Its main goal is to control the production, acquisition, distribution, and transportation of pharmaceuticals that are regarded as narcotics or psychotropics. This law makes it illegal to sell 200 psychoactive medications to walk-in clients. These medications can only be purchased with prescriptions. Since the law’s creation, numerous changes have been made to it. Furthermore, the NDPS does not distinguish between hard-core criminals engaged in this activity and drug consumers and traffickers. Without the approval of the relevant authorities, it is illegal for anybody to manufacture, produce, cultivate, possess, sell, buy, transport, store, or consume any drug or substance that is regarded as a narcotic or psychotropic. Thus, the purpose of this article is to draw attention to the NDPS Act’s requirements.