Narcotics Drugs and Psychotropic Substances Act, 2001 - Substitution of new sections for sections 15 to 18

6.  Substitution of new sections for sections 15 to 18.

     For sections 15 to 18 of the principal Act, the following sections shall be substituted, namely –

            15. Punishment for contravention in relation to poppy straw –

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

                        (a)  where the contravention involves small quantity, with rigorous imprisonment  for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both;

                        (b)  where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous  imprisonment for a  term which may extend to ten years, and with fine  which  may extend to one lakh rupees;

                        (c)  where the contravention involves commercial quantity, 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 there under, 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 rigourous imprisonment for a term which may extend to ten years, and with fine which may extend to one 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 –

                        (a)  where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both; or

                        (b)   where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous  imprisonment for a term which may extend to ten years, and with fine  which  may extend to one lakh rupees; or

                        (c)   where the contravention involves commercial quantity, 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 –

                        (a)  where the contravention involves small quantity, with rigorous imprisonment  for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both;

                        (b)  where the contravention involves commercial quantity, 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 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;

                        (c)  in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees.

7.  Amendment of section 20.

            In section 20 of the principal Act, in clause (b), for sub-clauses (i) and (ii), the following sub-clauses shall be substituted, namely –

            (i)   where such contravention relates to clause (a) 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; and

            (ii)   where such contravention relates to sub-clause (b) –

                        (A)  and involves small quantity, with rigorous imprisonment for a term which  may extend to six months, or with fine which may extend to  ten thousand rupees, or with both;

                        (B)  and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which  may extend to ten  years,  and with fine which may extend  to  one  lakh rupees;

                        (C)  and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years 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.