Facing Charges for Cannabis? Know the Punishment Under Section 20 Of NDPS Act

This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a strong focus on criminal and regulatory law, the article offers clear insights into complex legislations like the Narcotic Drugs and Psychotropic Substances (NDPS) Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, aims to prevent drug abuse and illegal drug trafficking in India. It regulates the production, manufacture, sale, and possession of narcotic drugs and psychotropic substances. The Act enforces strict penalties for violations, aiming to protect public health and safety. It has become a cornerstone in India’s fight against drug-related crimes.

Psychotropic substances pose severe risks to mental and physical health. They can cause addiction, hallucinations, and long-term brain damage. Abuse of these substances often leads to dangerous behavior, impairing judgment and coordination. Psychotropic drugs also contribute to social issues, including crime and family breakdowns. The NDPS Act targets these substances to prevent their widespread abuse and protect society.

What Is Section 20 Of The NDPS Act?

Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, deals with the punishment for the cultivation of cannabis plants. The section specifically targets individuals involved in the illegal cultivation of cannabis (also known as ganja), which is categorized as a narcotic drug under Indian law.

1. Anyone who cultivates cannabis plants without legal permission faces up to 10 years of rigorous imprisonment. The court may also impose a fine up to ₹1 lakh. This punishment applies regardless of the quantity grown.
2. Small Quantity. Possession of a small quantity (up to 1 kg ganja or 100g charas) invites up to 1 year of imprisonment, a fine up to ₹10,000, or both.
3. More Than Small but Less Than Commercial Quantity. For mid-level quantities, the punishment is up to 10 years of rigorous imprisonment. A fine up to ₹1 lakh may also apply.
4. Commercial Quantity. Possessing commercial quantities (20 kg ganja or 1 kg charas and above) leads to a minimum of 10 years’ imprisonment, extendable to 20 years. The fine ranges from ₹1 lakh to ₹2 lakh. Courts may impose a higher fine with proper reasons.

What Are The Terms Covered Under Section 20 Of NDPS Act?

1. Ganja
   Ganja means the flowering or fruiting tops of the cannabis plant. It excludes seeds and leaves unless they are attached to the tops. The law bans the production, sale, possession, and transport of ganja. Section 20 clearly covers these activities.
2. Charas
   Charas is the resin collected from cannabis. It includes hashish and hashish oil. The NDPS Act criminalizes any dealings with charas under Section 20.
3. Bhang
   Bhang is made from the cannabis plant’s leaves (and sometimes seeds). The law excludes seeds and leaves (not with the tops) from the cannabis definition.

So, bhang is not illegal under Section 20 of the NDPS Act. Bhang is not covered under the NDPS Act. Bhang is made from the leaves and seeds, not the tops. Many Indian states allow its consumption, especially during festivals.
Some states have their own rules. Odisha permits public bhang use. Uttarakhand allows controlled hemp farming. Maharashtra and Assam ban bhang under state laws. Always check local laws before using cannabis.

What Are The Legal Defenses Under Section 20 NDPS Act?

Article 20 of the Constitution provides key rights.

1. No Retrospective Punishment. You can’t be punished for something that wasn’t illegal when done.
2. Double Jeopardy. You can’t face punishment twice for the same act.
3. No Self-Incrimination. You don’t have to confess or testify against yourself. Also, confessions to police are not admissible in court.
4. The prosecution must prove guilt beyond reasonable doubt. If doubt exists, the accused should be acquitted.
5. Illegal Search. Evidence from searches without following Section 42 or 50 can be struck down.
6. Proving that the person didn’t know about the drugs can be a valid defense.
7. License or Authorization. Legal possession through proper license is a full defense.
8. False Allegation. Accused can claim false implication due to rivalry or error.

Latest Case: Najmunisha & Anr. vs State of Gujarat (2024)

On April 12, 2024, the Supreme Court delivered a key judgment in Najmunisha & Anr. vs The State of Gujarat & Anr.
The Core Issue was whether unauthorized search and seizure under the NDPS Act makes the evidence inadmissible.

An intelligence officer acted on specific input and seized narcotics. However, he conducted the search without prior approval under Section 41(2) of the NDPS Act.

The prosecution failed to show that proper legal procedures were followed. This raised serious doubts about the legality of the search.

Violation of Section 41(2): The Court ruled the search as illegal due to lack of authorization.
Evidence collected through such a search cannot be used against the accused.
The accused received the benefit of doubt and were acquitted.

Aryan Khan NDPS Case: Section 20 Charges and Outcome

The Narcotics Control Bureau (NCB) arrested Aryan Khan, son of actor Shah Rukh Khan, on October 2, 2021. The arrest followed a raid on a cruise ship off Mumbai’s coast. The NCB booked him under multiple sections of the NDPS Act, including Section 20.
The NCB claimed Aryan Khan consumed drugs and was part of a conspiracy. They alleged he intended to procure and consume charas. Based on this, the agency invoked:

1. Section 20(b) – possession of cannabis.
2. Section 27 – consumption of narcotic drugs.
3. Section 29 – conspiracy.

Aryan Khan’s lawyers argued:

1. He had no drugs in his possession.
2. He underwent a clean drug test.
3. There was no proof of consumption or conspiracy.

The Bombay High Court granted bail on October 28, 2021. The court observed there was no evidence of possession. The NCB failed to prove conscious possession or conspiracy.

In May 2022, the NCB cleared Aryan Khan of all charges. The agency cited lack of sufficient evidence. No drug recovery or link to any drug trafficking network was found.

Conclusion

In conclusion, Section 20 NDPS Act strictly bans activities involving ganja and charas. However, it excludes bhang made from leaves or seeds. Accused persons can defend themselves using constitutional rights, procedural lapses, and proof of innocence or legal possession.