Offences and Penalties

Offences and Penalties

1. For offence in relation to poppy straw, coca plant and leaves, prepared opium poppy or cannabis plant, there is punishment of rigorous imprisonment of 10-20 years and fine of not less than Rupees one lakh in case of first conviction. However, the subsequent conviction is punishable with rigorous imprisonment of 15-30 years and fine of Rs 1.5 to 3 lakhs.

2. For contravention or offence relating to ganja, punishment is upto 5 years and fine upto Rs.50.000 or both.

3. In relation to manufactured drugs and preparations, psychotropic substances, external dealings ofNDPS etc., for first conviction, the punishment is rigorous imprisonment of 10-20 years and fine of Rs.1-2 lakh. The subsequent conviction is punishable with rigorous imprisonment of 15-30 years and fine ofRs.l.5-3 lakhs.

4. For allowing premises to be used for offence, first conviction is punishable with rigorous imprisonment of 10-20 years and fine of Rs 1-2lakhs while, for subsequent conviction, the punishment is rigorous imprisonment of 15-30 years and fine ofRs.l.5-3 lakhs.

5. The offence for illegal possession of NDPS by an individual in small quantity for personal consumption is punishable with 6 months to 1 year imprisonment or fine or both.

6. For illegal traffic of NDPS and also for harbouring offenders or helping offenders, the punishment is imprisonment of 10-20 years and fine of Rs 1-2 lakhs. For subsequent conviction, rigorous imprisonment is for 15-30 years and fine ofRs 1.5-3 lakhs.

7. Death penalty: There is a provision of death penalty for certain serious offences that are committed after previous conviction. If any individual or firm is found to possess more than following quantities of NDPS without permission, license, etc., and if the offence is repeated, the death penalty may be awarded. (Table 9.1)

Death penalty may also be awarded for a serious offence of financing directly or indirectly such a big crime as indicated. Special Courts may be constituted with single judge appointed by the Chief Justice of the High Court to dispose of the cases ofNDPS.