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Narcotic Drugs and Psychotropic Substances Act 1985

CHAPTER IV - OFFENCES AND PENALTIES

15. Punishment for contravention in relation to poppy straw.

     Whoever, in contravention of any provision of this Act or any rule or order made or condition of a  licence granted  there under, produce, possesses, transports, imports inter-State,  exports  inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable 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 reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

16. Punishment for contravention in relation to coca plant and coca leaves.

     Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, 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 rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable 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 reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

17. Punishment for contravention in relation to prepared opium.

     Whoever, in contravention 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 prepared  opium shall be punishable with rigorous imprisonment for  a term  which shall  not be  less than ten years but which may extend to twenty years and shall also be liable 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 reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

18. Punishment for contravention in relation to opium poppy and opium.

     Whoever, in contravention of any provision of this Act, or any rule or order made or condition of licence granted thereunder cultivates the opium poppy or produces, manufactures,  possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable  with rigorous  imprisonment for a term which  shall not be less  than ten years but which may extend to twenty years and shall also be liable 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 reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

19. Punishment for embezzlement of opium by cultivator.

     Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable 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 reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

20. Punishment for contravention in relation to cannabis plant and cannabis.

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

            (a)  cultivates any cannabis plant; or

            (b)  produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable –

                 (i) where  such  contravention  relates  to  ganja  or  the cultivation of  cannabis plant,  with rigorous imprisonment for a term which  may extend  to five years and shall also be liable to fine which may extend to fifty thousand rupees;

                 (ii) where such contravention relates to cannabis other than ganja, with rigorous imprisonment  for a term which shall not be less than ten years  but which  may extend  to twenty  years and shall also  be liable  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 recorded in the judgment, impose a fine exceeding two lakh rupees.

21. Punishment for contravention in relation to manufactured drugs and preparations.

     Whoever, in contravention 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   preparation containing any manufactured drug shall be punishable with rigorous imprisonment  for a  term which shall not be less than  ten years  but which  may extend  to twenty years and shall also be  liable to  fine which  shall not be less then one lakh rupees but which may extend to two lakh rupees:

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

22. Punishment for contravention in relation to psychotropic substances.

     Whoever,  in contravention 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 psychotropic substance shall be punishable with rigorous imprisonment for a term which shall not be less than ten years  but which  may extend  to twenty years and shall also be  liable 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 reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

23. Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances.

    Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports  into India  or exports from India or  tranships any narcotic drug or psychotropic substance shall be punishable with rigorous imprisonment for a term which shall not be less than  ten years  but which  may extend  to twenty years and shall  also be liable to  fine which  shall not be less than one lakh rupees but may extend to two lakh rupees:

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

24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.

    Whoever engages in or controls any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government or otherwise than in accordance with the condition (if any) of such authorisation granted  under section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which  shall not  be less  than one lakh rupees but may extend to two lakh rupees:

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

25. Punishment for allowing premises, etc., to be used for commission of an offence.

     Whoever, being  the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other  person of  an offence punishable under any provision of  this Act, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty  years and  shall also  be liable 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 reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

1*[25A. Punishment for contravention of orders made under section 9A, If any person contravenes an order made under section 9A. he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also  be  liable  to  fine which may extend to one lakh rupees:

        Provided that the court may, for reasons to be recorded  in the judgment, impose a fine exceeding one lakh rupees."

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1.   Ins. by Act 2 of 1989, s. 7 (w.e.f. 29-5-1989).

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