Controlled Substance Law: Punishments and Offences under the Narcotic Drugs and Psychotropic Substances Act, 1985

The International Day against Drug abuse and Illicit Trafficking is celebrated on June 26 every year to spread awareness about drug abuse and their illegal distribution.

In our society, the youth are the worst affected by drug abuse. There are approximately 190 million people who consume drugs, worldwide.  In fact, no part of the world today is spared from the menace of drug abuse and their illegal trafficking. India is no exception, with a United Nations report suggesting one million registered heroin addicts and about 5 million unofficial addicts.

The government of India has developed the Narcotic Drugs and Psychotropic Substances Act, 1985, to prevent and regulate illegal trafficking of drugs and their abuse in India. Violation of the Act may result in serious punishments and penalties.

Controlled Substance Law: Punishment for Contravention in Relation to Poppy Straw, Coca Plant, Opium and Psychotropic Substances

Narcotic Drugs and Psychotropic Substances Act, Controlled Substance LawA person who violates the provisions of the Act pertaining to poppy straw, coca plant, opium and psychotropic substances may be punished with imprisonment of minimum 10 years and maximum 20 years and with a fine of Rs.1 lakh to 2 lakh or in some special cases, it may exceed 2 lakh.

A person who violates the provision of the Act pertaining to Cannabis plant related to ganja shall be liable with punishment of jail term up to 5 years and charged with fine up to Rs.50, 000. When such violation is not related to ganja, the offender may be punished with an imprisonment ranging from 10 years to 20 years and fine up to 1 lakh to 2 lakh or more.

Final Legal Take Away Tip: When a company violates the provisions of the Act, the company and all persons in charge of the company shall be held responsible for the offense. They shall be punished as per the provisions of the Act, except if a person proves that the offense was committed without his knowledge or that he tried his best to prevent the execution of the crime.
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