Caught with Small Quantity for Personal Use? Section 27 Of NDPS Explained

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 misuse of psychotic substances and cannabis poses serious health and legal risks. These substances can lead to addiction, mental disorders, and social problems. In India, the Narcotic Drugs and Psychotropic Substances (NDPS) Act strictly regulates their use.

The NDPS Act bans the production, sale, and consumption of illegal drugs. It also imposes harsh penalties for violations. Even small quantities can result in jail time and fines. The law aims to control drug abuse and safeguard public health.

Cannabis, though often seen as mild, still falls under the NDPS Act. Its recreational use is punishable. The act allows only limited use for medical or scientific purposes with strict licenses.

Authorities continue to crack down on drug trafficking and misuse. Public awareness is key to prevention. Staying informed and avoiding illegal substances is essential for a safe and healthy life.

What Is Section 27 Of NDPS Act?

1. Section 27 of the NDPS Act penalizes the consumption of narcotic drugs or psychotropic substances. The severity of punishment depends on the specific substance consumed.
2. Section 27 specifically addresses the act of consumption. It does not cover possession, trafficking, or other related offenses.
3. The law differentiates between more dangerous substances (like cocaine, morphine, heroin) and others, prescribing a higher punishment for the former.
4. Courts have the discretion to impose imprisonment, fines, or both, based on the specifics of each case. The Central Government holds the authority to notify additional substances under Section 27(a), thereby subjecting them to higher penalties.
5. Offenses under Section 27 are considered less severe compared to trafficking or possession of commercial quantities. However, they are still non-bailable and cognizable under the NDPS Act.
6. The law aims to deter drug consumption while also providing the possibility of rehabilitation. Courts may direct offenders to de-addiction centers

What Is Section 27(a) Of The NDPS Act?

It refers to higher penalties for specific substances. Applies when the consumed substance is:

1. Cocaine
2. Morphine
3. Diacetylmorphine (Heroin)

Any other narcotic drug or psychotropic substance specified by the Central Government via notification in the Official Gazette.

Punishment:

1. Rigorous imprisonment up to 1 year, or
2. Fine up to ₹20,000, or
3. Both

What Is Section 27(b) Of The NDPS Act?

Applies to consumption of substances not specified in Section 27(a).
Punishment:

1. Imprisonment up to 6 months, or
2. Fine up to ₹10,000, or
3. Both

Important Judgments

Gaunter Edwin Kircher v. State of Goa (1993)
The appellant was found with a small quantity of charas intended for personal consumption.

The Supreme Court held that when an accused is found in possession of a small quantity of a narcotic drug for personal consumption, Section 27 applies. The burden lies on the accused to prove that the substance was for personal use and not for sale or distribution.
This case established that Section 27 is an exception and applies only when the possession is for personal consumption.

Karim Hussain Sohra Sindhi v. State of Gujarat (2003) 10 SCC 49
The appellant was convicted under Section 22 of the NDPS Act.

The Supreme Court emphasized that for Section 27 to apply, the accused must demonstrate that the seized substance was intended for personal consumption and not for sale.

This reinforced the principle that the burden of proof lies on the accused to establish personal consumption.

Hira Singh v. Union of India (2020) 20 SCC 272
Clarified the scope of Section 27 post-amendments.

The Supreme Court held that Section 27 is confined strictly to the act of consuming narcotic drugs or psychotropic substances. Possession, even of a small quantity, does not fall under Section 27. Additionally, immunity under Section 64A is available only to addicts who seek treatment.

This judgment delineated the boundaries of Section 27, emphasizing its exclusive application to consumption.

Arun Kambli v. State of Goa (1999 SCC OnLine Bom 602)
The appellant was tried for possession of 211 grams of charas.
The Bombay High Court reiterated that Section 27 is an exception, and the burden to bring the case within its scope lies on the accused.
Affirmed the necessity for the accused to prove personal consumption to avail the leniency under Section 27.

Conclusion

Section 27 of the NDPS Act serves as a nuanced provision, distinguishing between the consumption of more dangerous substances and others, and offering a pathway to rehabilitation for addicts. Understanding the legal interpretations and available immunities is crucial for individuals and legal practitioners dealing with such cases. Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) delineates penalties for drug consumption based on the specific involved. This differentiation reflects the varying degrees of harm and abuse potential associated with different narcotic drugs and psychotropic substances.