Can Property Owners Be Punished Under Section 25 Of NDPS? Understanding Sections 25 and 25A

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.

What Is The Punishment for Allowing Use of Premises for Drug Offences Under Section 25 Of NDPS?

• Section 25 of NDPS Act penalizes anyone who allows their property to be used for drug crimes.
• If you own, occupy, or control a house, room, vehicle, or any space, you must not let others use it for drug-related activities.
• If you knowingly permit such illegal use, you will face the same punishment as the person committing the offence.
• This rule applies to homes, buildings, vehicles, animals, or any premises.
• The law ensures that not only drug offenders but also those who support or ignore such actions face strict consequences.

What Is Section 25A Of NDPS Act

Section 25A of the NDPS Act punishes anyone who violates orders under Section 9A. This section empowers the Central Government to regulate or prohibit the manufacture, trade, and use of controlled substances.

What Triggers Section 25A?

Anyone who breaks the rules under Section 9A can face:

• Rigorous imprisonment up to 10 years, and
• A fine up to ₹1 lakh (extendable if the court records reasons).

What Are The Violations Under Section 9A

Several actions can lead to charges under Section 25A:

1. Unauthorized Manufacture.
   Making controlled substances without a government license or beyond permitted limits.
2. Illegal Sale or Distribution.
   Selling or supplying controlled substances without permission or required documents.
3. Unlawful Import or Export.
   Importing or exporting without permits or against official orders.
4. Poor Record-Keeping.
   Not maintaining proper records of storage, movement, or sales of controlled substances.
5. Diversion to Illicit Use.
   Diverting chemicals like acetic anhydride, ephedrine, or pseudoephedrine to make illegal drugs.
6. Unauthorized Possession.
   Keeping controlled substances without a valid license.
7. Ignoring Reporting Rules.
   Failing to report lost, stolen, or suspicious transactions involving controlled substances.
8. Authorities spot these violations through inspections, audits, or intelligence inputs.
9. They may also uncover them while investigating drug trafficking networks.

When Does Section 25A Apply?

Section 25A applies even if no drugs are seized. The law punishes any breach of the controlled substances regulations under Section 9A.

Popular Case Laws

1. Dhirendra Prakash Saxena v. Directorate of Revenue Intelligence (Delhi High Court, 2023).
   The Delhi High Court granted bail to the accused charged under Sections 22, 25, 25A, and 29 of the NDPS Act. The case involved the recovery of Pseudoephedrine Hydrochloride, a controlled substance, and Ketamine Hydrochloride, a psychotropic substance. The court observed that the rigors of Section 37 of the NDPS Act do not apply to controlled substances like Pseudoephedrine. The absence of chemical analysis reports for Ketamine Hydrochloride meant that the prosecution could not establish the substance as a psychotropic drug, leading to the grant of bail.
2. Tinimo Efere Wowo v. State Govt. of NCT of Delhi (Delhi High Court, 2022).
   In this case, the accused was charged under Sections 9A and 25A of the NDPS Act for the recovery of 3.5 kg of Pseudoephedrine. The court held that since Pseudoephedrine is a controlled substance and not a narcotic drug or psychotropic substance, the stringent conditions for bail under Section 37 do not apply. The court granted bail, emphasizing that the offense under Section 25A is punishable with imprisonment up to 10 years and a fine, without any minimum sentence.
3. Asante Pinket Owusu v. Narcotics Control Bureau (Delhi High Court, 2024).
   The court granted bail to the accused charged under Section 25A of the NDPS Act. It was noted that the maximum punishment under Section 25A is imprisonment up to 10 years with a fine, and there is no minimum sentence prescribed. The court also observed that the procedure for drawing samples was not in consonance with the Standing Operating Procedure, which further supported the grant of bail.

Conclusion

Sections 25 and 25A of the NDPS Act, 1985, play a vital role in combating drug abuse and illicit trafficking. Section 25 targets individuals who knowingly permit their premises or vehicles to be used for drug-related offenses, ensuring accountability beyond direct possession or sale. Section 25A controls precursor chemicals essential for manufacturing narcotic drugs, preventing their misuse at the source.
Together, these sections strengthen the legal framework by penalizing both indirect enablers and those dealing with essential substances. Strict enforcement of these provisions is crucial for curbing drug networks and ensuring public safety.