Committing a drug-related crime: What are the consequences?

Charas (hemp), ganja, opium – Who has not heard of these commonly used drugs? In India, narcotic drugs like these are regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Act punishes the manufacture, possession, sale and use of these drugs.

In a recent order, the Orissa High Court said that instances of drug abuse need to be dealt with a strict ‘hard on crime’ attitude. Further, the Court clarified that NDPS cases should always be dealt with a stricter approach of ‘no tolerance’.

Punishments for drug-related offences

Punishments under the NDPS Act are based on what drug is involved and the quantity of the drug (these quantities are specified in the law). A commercial quantity is the largest quantity of a drug for which the punishment will be the most severe. For example, the punishment for being found with a small quantity of cocaine (2 gms) is imprisonment for up to one year, but the punishment for having a commercial quantity of cocaine (100 gms) is imprisonment of 10 to 20 years and a fine of Rs. 1-2 lakhs.  

Getting bail for drug crimes

Section 37 of the NDPS Act says that drug-related offences are cognizable and non-bailable. This means that if you are accused of a drug-related crime, you can be arrested even without a warrant. Once you have been arrested, you can only get bail if you apply for it in court and it is granted by the court. If you are accused of an offence that involves commercial quantities of a drug, then the conditions for getting bail are very strict.

In case a commercial quantity is involved and you apply for bail, the court will first give the government lawyer an opportunity to oppose your bail application. If the government lawyer opposes your bail application, the court should be convinced that there is a reasonable chance that you did not commit the crime. The court will look into the facts of the case and consider the probability that you have actually committed the crime. The court also needs to be sure that you will not commit any other crime if you are released. Thus, the court will consider several conditions before deciding if you can get bail. The Supreme Court in State of Kerala v Rajesh has made it clear that drug-related offences are serious, and should be dealt with strictly.

What did the Orissa High Court say?

In its order, the High Court said that the cost of drug abuse is enormous and that it poses a severe threat to our society. The High Court referred to Union of India v. Ram Samujh, where the Supreme Court said that persons who are dealing in narcotic drugs are instruments in causing death to a number of innocent and vulnerable young victims. The Supreme Court said that these persons are a hazard to society, and even if they are released temporarily, they will probably continue their harmful drug-related activities.

The Orissa High Court further stated that even though the NDPS Act provides strict punishments for offences, the implementation of the law has not resulted in high punishments for drug offenders. Despite strict provisions, the recorded crime rate under the NDPS Act has only increased during the last ten years.