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.
Introduction
The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, is India’s key legislation to combat drug abuse and illegal drug trafficking. Sections 15 to 19 of the Act impose strict penalties on individuals involved in the unauthorized cultivation, production, possession, sale, or transport of narcotic substances such as poppy straw, opium, and coca plants. These provisions aim to curb the illegal drug trade by categorizing offences based on the type and quantity of the substance involved. Courts have consistently upheld the stringent nature of these punishments to deter drug-related crimes.
What Is The Punishment for Contravention in Relation to Poppy Straw Under Section 15 Of NDPS Act?
This section pertains to unauthorized activities involving poppy straw, such as production, possession, transportation, sale, purchase, use, or failure to warehouse, in violation of the Act or related rules and licenses.
Punishments Based on Quantity:
- Small Quantity: Rigorous imprisonment up to 1 year, or fine up to ₹10,000, or both.
- Intermediate Quantity: Rigorous imprisonment up to 10 years, and fine up to ₹1,00,000.
- Commercial Quantity: Rigorous imprisonment not less than 10 years, extendable up to 20 years, and fine not less than ₹1,00,000, which may extend to ₹2,00,000 or more, as per judicial discretion.
Case Law:
- State of Himachal Pradesh vs. Nirmal Kaur @ Nimmo (2022): The Supreme Court held that once a chemical examiner establishes the presence of morphine and meconic acid in seized poppy straw, no further tests are necessary to confirm the substance under Section 2(xvii)(a) of the NDPS Act.
What Is The Punishment for Contravention in Relation to Coca Plants and Coca Leaves Under Section 16 Of NDPS Act?
This Addresses unauthorized cultivation of coca plants and activities involving coca leaves, such as production, possession, sale, purchase, transportation, and use, in violation of the Act or related rules and licenses.
Punishments Based on Quantity:
- Small Quantity: Rigorous imprisonment up to 1 year, or fine up to ₹10,000, or both.
- Intermediate Quantity: Rigorous imprisonment up to 10 years, and fine up to ₹1,00,000.
- Commercial Quantity: Rigorous imprisonment not less than 10 years, extendable up to 20 years, and fine not less than ₹1,00,000, which may extend to ₹2,00,000 or more, as per judicial discretion.
What Is The Punishment for Contravention in Relation to Prepared Opium Under Section 17 Of NDPS Act?
This section pertains to unauthorized activities involving prepared opium, including production, manufacture, possession, sale, purchase, transportation, and use, in violation of the Act or related rules and licenses.
Punishments Based on Quantity:
- Small Quantity: Rigorous imprisonment up to 1 year, or fine up to ₹10,000, or both.
- Intermediate Quantity: Rigorous imprisonment up to 10 years, and fine up to ₹1,00,000.
- Commercial Quantity: Rigorous imprisonment not less than 10 years, extendable up to 20 years, and fine not less than ₹1,00,000, which may extend to ₹2,00,000 or more, as per judicial discretion.
What Is The Punishment for Contravention in Relation to Opium Poppy and Opium Under Section 18 Of NDPS Act?
This section covers unauthorized cultivation of opium poppy and activities involving opium, such as production, manufacture, possession, sale, purchase, transportation, and use, in violation of the Act or related rules and licenses.
Punishments Based on Quantity:
- Small Quantity: Rigorous imprisonment up to 1 year, or fine up to ₹10,000, or both.
- Commercial Quantity: Rigorous imprisonment not less than 10 years, extendable up to 20 years, and fine not less than ₹1,00,000, which may extend to ₹2,00,000 or more, as per judicial discretion.
- Other Cases: Rigorous imprisonment up to 10 years, and fine up to ₹1,00,000.
Case Law:
- Kalla Mallah & Ors. vs. State of Madhya Pradesh (2022): The Madhya Pradesh High Court clarified that illegal cultivation of opium poppy falls under Section 18(c) of the NDPS Act, which provides for rigorous imprisonment up to 10 years and fine up to ₹1,00,000. The court emphasized that this provision applies regardless of the quantity involved.
What Is The Punishment for Embezzlement of Opium by Licensed Cultivators Under Section 19 Of NDPS Act?
This section targets licensed cultivators who embezzle or illegally dispose of opium produced under the authority of the Central Government.
Punishment:
- Rigorous imprisonment not less than 10 years, extendable up to 20 years.
- Fine not less than ₹1,00,000, which may extend to ₹2,00,000 or more, as per judicial discretion.
Conclusion
The NDPS Act’s Sections 15 to 19 underline India’s zero-tolerance policy toward drug cultivation and trafficking. Whether it is poppy straw, opium, or coca leaves, the law ensures that offenders face harsh consequences, especially for commercial quantities. Recent court rulings reinforce this approach, interpreting the law to ensure that those who violate its provisions are brought to justice. For anyone involved in or contemplating such activities, the NDPS Act serves as a strong legal deterrent backed by severe penalties and active enforcement.
