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Drugs & Narcotics

This explainer discusses the different provisions regarding narcotic and psychotropic drugs in India. It primarily deals with the law laid out in the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Code of Criminal Procedure, 1973.

Immunity for addicts volunteering for treatment
Government’s efforts for controlling drug abuse
Bail for using Drugs
Vehicle Stop and Search
Powers of police and authorities – Search, Seize and Arrest
Repeat or subsequent crimes
Amphetamine
Illegal entry, search, seizure and arrest by police
Cannabis
Opium and Opium Poppy
Cocaine
Consuming Drugs
Poppy Straw
Methamphetamine
Morphine
Heroin
Diazepam
Thebaine
Codeine
Ecgonine

FAQs

Can I be punished under the law if all I have done is let my friend use my shop to temporarily store drugs?

Yes, knowingly letting someone use your house or vehicle for storing or handling illegal drugs is punishable under this law. It is understood as committing the offence itself. You will be punishable with the punishment provided for that offence. Letting someone use your animal or conveyance knowing the purpose for which the animal or conveyance is going to be used is also an offence.(( Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985.))

What is the difference between seizing order and freezing under law?

Seizing occurs when an authorized officer conducting an inquiry or investigation, has reason to believe that the property being investigated is likely to be concealed, transferred or dealt with in a manner that might hinder the proceedings relating to the forfeiture of property. Where it is not possible to seize the property, the officer may order to freeze it and it can only be transferred or dealt with, with his permission.(( Section 68F, Narcotic Drugs and Psychotropic Substances Act, 1985.))

What happens when the officers, on fake grounds, search and seize my property for drugs and arrest me in the process?

The Act provides for punishment of officers who, without reasonable grounds of suspicion, enter or search and seize property and arrest people. Their punishment is imprisonment up to six months, or fine or both. Any person who gives wrongful information to the officers, who further carry out the search, seizure and arrest of this information, is also punishable by imprisonment for up to two years, fine or both.(( Section 58, Narcotic Drugs and Psychotropic Substances Act, 1985.))

I’m a drug addict, and have been caught consuming drugs. Will I be punished or sent to a rehabilitation centre?

If you are a drug addict who has been caught consuming a small amount of drugs, you could voluntarily seek to undergo medical treatment for de-addiction. The Court will direct that you be released for undergoing such treatment for detoxification or de-addiction from a hospital or an institution maintained or recognised by the government. But it is important to note this option is available only if/when you’ve been caught consuming a small quantity. For every other offence, the Act strictly does not allow commutation or reduction of sentence.(( Section 64A, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Can someone go to jail for smoking weed?

Yes, if an officer catches you smoking weed, you can be punished with imprisonment up to one year, or a fine of up to Rs. 20,000, or both.(( Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Is medicinal cannabis legal in India?

Medicinal cannabis i.e., medicinal hemp refers to any extract or tincture of cannabis. While growing cannabis still a crime as per the NDPS Act, some states allow the cultivation of cannabis for medicinal or research like Uttar Pradesh.

If I’m running away with drugs, can the officer/s shoot at me?

Yes, If you are running away with drugs using an animal or a conveyance, then they can shoot the animal or the conveyance. But if you are running away on foot, then the officer cannot directly shoot at you.(( Section 46, Code of Criminal Procedure, 1973.))

Can a seizure of drugs happen in a public place?

Yes, a seizure can happen in a public place. The authorised officer, in this case, can seize in any public place or in transit and drugs or substances which he suspects is punishable under the Act. They can also seize any animal, conveyance or article, which can be confiscated under this Act. It is also important to note that the officer can detain and search any person who has any drugs or substances in their possession which appears to him as unlawful.(( Section 50(5), Narcotic Drugs and Psychotropic Substances Act, 1985.))

I found out that someone has been growing weed on my land. What can I do?

If someone is illegally growing opium poppy, cannabis or coca plant on your land, you must immediately inform the police. If you don’t you can be punished for negligence.(( Section 46, Narcotic Drugs and Psychotropic Substances Act, 1985.))