Narcotic Drugs and Psychotropic Substances Act 1985 - Punishment for certain acts by licensee or his servants

26. Punishment for certain acts by licensee or his servants.

     If the holder of any licence permit or authorisation granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf –

            (a) omits, without any reasonable cause, to maintain accounts or to submit  any return in accordance with the provisions of this Act, or any rule made thereunder,

            (b) fails to produce without any reasonable  cause such licence, permit or  authorisation on  demand  of any  officer authorised by  the Central Government or State Government in this  behalf;

            (c) keeps any accounts or makes any statement which is false or which he knows or has reason to believe to be incorrect; or

            (d) wilfully and knowingly does any act in breach of any of the conditions of licence,  permit or  authorisation for which a penalty is  not prescribed elsewhere in this Act, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

27. Punishment for illegal possession in small quantity for personal, consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance. Whoever, in contravention of any provision of this Act, or any rule or order made or permit issued thereunder, possesses  in a  small  quantity,  any  narcotic  drug  or psychotropic substance,  which is proved to have been intended for his personal consumption and not for sale or distribution, or consumes any narcotic drug or  psychotropic  substance,  shall,  notwithstanding anything contained in this Chapter, be punishable –

            (a) where the narcotic drug or psychotropic substance possessed or consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf  by the Central Government, by notification in the Official  Gazette, with  imprisonment for  a term which may extend to one year or with fine or with both; and

            (b) where the narcotic drug or psychotropic substance possessed or  consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months or with fine or with both.

    Explanation –

                        (1) For the purposes of this section "small quantity" means such quantity as may be specified by the Central Government by notification in the Official Gazette.

                        (2) Where a person is shown to have been in possession of a small quantity of a narcotic drug or psychotropic substance, the burden of proving that it was intended for the personal consumption of such person and not for sale or distribution, shall lie on such person.

27A. Punishment for financing illicit traffic and harbouring offenders.

       Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, 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.]

 28. Punishment for attempts to commit offences.

     Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence.

29. Punishment for abetment and criminal conspiracy.

      (1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of  the Indian  Penal Code  (45 of  1860) be punishable with the punishment provided for the offence.

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1.   Ins. by Act 2 of 1989, s. 8 (w.e.f. 29-5-1989).

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       (2) A person abets, or is a party  to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which –

          (a) would constitute an  offence if committed within India; or

          (b) under  the laws of such place, is an offence relating to narcotic drugs  or psychotropic  substances having  all the legal conditions required to constituted it such an offence the same as or analogous  to the  legal conditions required to constituted it an offence  punishable under  this Chapter,  if committed  within India.

 30. Preparation.

      If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of section 15 to section 25 (both inclusive) and from the circumstances  of the case it  may be reasonably inferred that he was determined  to carry  out his  intention to commit the offence but had been  prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than  one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been  punishable in  the  event  of  his  having  committed  such offence, and  also with  fine which shall not be less than one-half of the minimum  amount (if  any), of  fine with  which he would have been punishable, but  which may extend to one-half of the maximum amount of fine with  which he  would have  ordinarily (that  is to  say  in  the absence of special reasons) been punishable, in the event aforesaid:

    Provided that the court may, for reasons to be recorded in the Judgment, impose a higher fine.

31. Enhanced punishment for certain offences after previous conviction.

      (1) If any person who has been convicted of the commission of, or attempt to  commit, or  abetment of, or criminal conspiracy to commit, any of the offences punishable under section 15 to section 25 (both inclusive)  is subsequently  convicted of  the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under –

           (a) section 15 to section 19, clause (ii) of section 20 and section 21 to section  25 (both inclusive), he shall be punished for the second and every subsequent offence with rigorous imprisonment for  a term  which shall  not be  less than fifteen years but  which may  extend to  thirty years  and shall  also be liable to fine which shall not be less than one lakh fifty thousand rupees but which may extend to three lakh rupees;

           (b) clause (i) of section 20, he shall be punished for the second and every subsequent  offence 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 –

            (i) in a case  falling under  clause (a),  a fine exceeding three lakh rupees; and

           (ii) in a case  falling under  clause (b), a fine exceeding one lakh rupees.
 
      (2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of  section 15  to section  25 (both inclusive), section 28 and section  29, such  person, in respect of such conviction, shall be dealt with  for the  purposes of  sub-section (1)  as if  he had  been convicted by a court in India.

31A. Death penalty for certain offences after previous conviction.

     (1) Notwithstanding anything contained in section 31, if  any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under section 15 to section 25 (both inclusive) or section 27A, is subsequently convicted of the commission of, or attempt to commit, or abetment of, or  criminal  conspiracy to commit, an offence relating to –

         (a) engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than  the  quantity  indicated against each such drug or substance, as specified in column (2) of the said Table;

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                              Quantity

                  psychotropic substances

                                                   (2)

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                                                            10 kgs.

                                                         1 kg.

                                                             1 kg.

                                                          1 kg.

                                                        1 kg.

                                                       500 grams

                                                          20 kgs.

   Any mixture with or without

               any neutral material of any of the

                                                 1,500 grams

   LSD, LSD-25 ( ) - N, N-Diethyllysergamide

                            500 grams

   THC (Tetrahydrocannabinols, the following

               isomers: 6a (10a), 6a(7),7,8,9,10,9) and their

                                   500 grams

   Methamphetamine( )-2-

                                   1,500 grams

   Methaqualone (2-Methyl-3-o-tolyl-4-(3H)-

                                              1,500 grams

        1,500 grams

   alts and preparations of the Psychotropic

                 1,500 grams

 
         (b) financing, directly or indirectly, any of the activities specified in clause (a), shall be punishable with death.

     (2) Where  any  person is  convicted  by  a  competent  court  of criminal jurisdiction outside India under any law corresponding to the provisions of section 15 to section 25 (both inclusive), section 27A, section 28 or section 29, such person, in respect of such conviction, shall be dealt with  for  the  purposes of sub-section (1) as if he had been convicted by a court in India."].