THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1985.

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Common Queries  

  1. What Narcotic Drug (ND) means under the act of 1985 ?

  2. What is Psychotropic Substance (PS)?

  3. Are the consumption of ND or PS punishable ?

  4. What is the punishment for consumption? 

  5. What is illicit traffic ?

  6. What is the punishment for financing  illicit traffic and harbouring offenders?

  7. Is there any provision in the Act for Capital punishment of the Convict?

  8. What is the nature of the offences under this Act?

  9. What is the provision for releasing accused on bail?

  10. Is there any punishment for attempt to commit offence punishable under the Act?


1.What does Narcotic Drug means under the act of 1985 ?

Ans: It means coca leaf, cannabis (hemp), Opium, poppy straw and includes all manufactured goods [Sec2(XIV)]. 

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2.What is Psychotropic Substance? 

Ans: Psychotropic Substance means any substance, natural or synthetic or any natural material or any salt or preparation of such substance or material include in the list of psychotropic substances specified in the schedule.[Sec.2(XXIII)]

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3.Are the consumption of ND or PS punishable ?

Ans: Yes. It is mentioned in the Section 27 of the Act.

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4.What is the punishment for consumption? 

Ans:- Punishment can vary depending  upon the nature of the drugs consumed. Minimum punishment is imprisonment for a term which may extend to 6 months or fine which may extend to ten thousand rupees or with both. Maximum punishment can be rigorous imprisonment which may extend to 1 year or fine which may extend to twenty thousand rupees or with both (Sec.27).

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5.What is illicit traffic?

Ans: Illicit traffic has been defined in the Sec.2(VIIIa) of the Act. It includes cultivation (Coca plant, opium poppy, cannabis plant), production, manufacture possession, sale, purchase, transportation, warehousing, concealment, import inter state, export inter state, export from India, financing, abetting etc.

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6.What is the punishment for financing illicit traffic and harbouring offenders?

Ans: Punishment is rigorous imprisonment for a term which shall not less than ten years but which may extent to twenty years  and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

    Provided that court may, for reasons recorded in the judgment ,impose a fine exceeding two lakh rupees.[Sec27A]

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7.Is  there any provision in the Act for Capital punishment of the Convict?

Ans: Yes. It is there in the Sec.31(A).

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8.What is the nature of the offences under this Act?

Ans: Every offence punishable under this Act shall be cognizable [Sec.37(a)].

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9. What is the provision for releasing accused on bail?

Ans: No person accused of an offence punishable for [ offences under Sec.19 or Sec.24 or Sec27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-

    (i) the public prosecutor has been given an opportunity to oppose the application for such release, and

    (ii) where the Public Prosecutor opposes the application , the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. [Sec.37(b)]

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10. Is there any punishment for attempt to commit offence punishable under the Act? 

Ans: Yes. The person will be punishable with the punishment provided for the offence.(Sec.28).

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