Theme: Drugs and Narcotics

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Government Schemes and Centres

The Ministry of Social Justice and Empowerment has been implementing a Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drug) Abuse since 1985 for identification counselling, treatment and rehabilitation of addicts through voluntary and other eligible organisations. Under this scheme, financial assistance is given to voluntary organisations and eligible agencies for running and maintaining Integrated Rehabilitation Centres for Addicts.

A National Centre for Drug Abuse Prevention has also been set up by the National Institute of Social Defence to provide technical support to the government on policies relating to substance abuse prevention and providing services for substance demand reduction. This Centre also carries out programmes for capacity building and training personnel of de-addiction centres.

National Action Plan for Drug Demand Reduction  

The Ministry of Social Justice and empowerment has prepared a National Action Plan for Drug Demand Reduction for the period of 2018-25. This plan focuses on: 

• Preventive education 
• Awareness generation 
• Identification, counselling, treatment and rehabilitation of drug dependent persons 
• Training and capacity building of service providers through collaborative efforts of government and NGOs. 

It aims at reduction of adverse consequences of drug abuse through education, de-addiction and rehabilitation of affected individuals. More information on this Action Plan can be found here.

National Fund for Control of Drug Abuse

The law requires the government to set up a National Fund for Control of Drug Abuse(( Section 7A)) for meeting the expenditure incurred in measures taken for: 

• Combating illicit trafficking 
• Controlling abuse of drugs and substances 
• Identifying, treating and rehabilitating addicts 
• Preventing drug abuse 
• Educating public against drug abuse 
• Supplying drugs where the same is a medical necessity

The money for this fund comes from: 

• Central government (after Parliament has made appropriations for it by a law) 
• Sale of any property that was forfeited or seized as illegal property.
• Grants made by persons or institutions
• Income from investment of amount credited to the Fund.

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Crimes committed in relation to drugs and substances are all cognisable in nature. This means that the police do not need a warrant from a Magistrate to make an arrest. 

If the crime committed is for a small quantity or less than the commercial quantity of drugs or substances, you can apply for bail directly from the police and the same will be granted to you. It may be contingent on furnishing a personal or other bond. 

Crimes committed for a commercial quantity of drugs or substances are considered non-bailable under law. This does not mean that you will not get bail. You can apply in court and the same will depend on the judge’s discretion. You cannot ask for it as a matter of right.

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

If an authorised police officer has reason to believe that a vehicle or an animal is being used to transport narcotic drugs, psychotropic or controlled substances, he has the power to stop such vehicle or animal and search it accordingly. This power to stop includes all lawful means, including firing upon the vehicle or animal if necessary. 

Such a police officer would also have the power to compel an aircraft to land if he thinks it is necessary to carry out a search.

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Police officers and certain other authorities have wide powers to search and arrest people in relation to crimes committed under this law, and in many cases without a warrant.(( Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985))

Search a place or a vehicle 

If the police officer has reason to believe, either from their own findings or receive written information about a crime being committed in relation to narcotic drugs, psychotropic or controlled substances, they can enter any building, place or vehicle like a car, truck, etc and search the same. If anyone obstructs their entry, they can even break open the door or remove any obstacle in their way. 

Searching a person

If an authorised police officer wants to search you, you can ask the search to be conducted in the presence of a magistrate or certain gazetted officers. Once you make this request, you can be detained by the police officer till you can be brought before a magistrate or an appropriate gazetted officer. However, if the police officer believes that it is not possible to wait for a gazetted officer or a magistrate, he can proceed with the search.((  Section 50(5), Narcotic Drugs and Psychotropic Substances Act, 1985))

Please note that women can only be searched by a woman officer. 

Seizure

In the process of the search, the police officer also has the power to seize the following: 

• Drugs, substances and anything used to manufacture it 
• Any article, vehicle or animal that may have been used in the process
• Any documents or articles that can be evidence and prove that a crime in relation to drugs was committed

Arrest

While carrying out the search and seizure, if the police officer believes that a crime has been committed in relation to drugs or narcotics, he can even arrest the suspected person. He may not always need a warrant for such an arrest.(( Section 42(1)(d),  Narcotic Drugs and Psychotropic Substances Act, 1985))

These powers of search, seizure and arrest of a police officer also extend to a public place like a hotel, restaurant, shop or any other place accessible to the public.(( Section 423,  Narcotic Drugs and Psychotropic Substances Act, 1985))

You have certain rights when you are arrested. To know more about these rights, please read here.

Immediate Cases – No Warrant Needed

While ideally this search and seizure has to be done in the day time, i.e. between sunrise and sunset and with a warrant from an appropriate judge, if the police officer believes that in the time taken to obtain the warrant the necessary evidence could be concealed or the suspect may escape, he can carry out the search and seizure without a warrant. In such cases he will have to note down his reasons for doing this in writing and inform his immediate supervisor within 72 hours.(( Section 42(2)(d),  Narcotic Drugs and Psychotropic Substances Act, 1985))

 

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

The punishment for repeat offenders under this law is very strict. If you were convicted once before for either committing, abetting or attempting to commit or even conspiring to commit a crime under the drug laws in India, the second or any subsequent punishment for the same crime can be 1.5 times higher, both for imprisonment and fine, than the previous punishment you received(( Section 31, Narcotic Drugs and Psychotropic Substances Act, 1985))

In some serious cases, if you were convicted for a crime in relation to commercial quantity of a drug and are now being convicted again for the same crime, you may be given the death penalty.  Before 2014, death penalty was mandatorily imposed for certain subsequent offences, but that has now been changed and is left at the discretion of the judge.

 

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Amphetamine is a psychotropic substance(( Section 2 (xxiii), Narcotic Drugs and Psychotropic Substances Act, 1985; read also Schedule, Narcotic Drugs and Psychotropic Substances Act, 1985)), the manufacture, possession, transport, import, export, sale, purchase and use of which is illegal in India. Some activities may be allowed but only after obtaining an express license or permit from the government for the same. 

The punishment for carrying out any of these activities is proportional to the quantity of Amphetamine that you are caught with. 

• A small quantity (2 gm) – Jail time  up to 1 year and/or fine up to Rs 10,000
• 2 gm to 50 gm – Jail time  up to 10 years and a fine up to Rs 1 lakh 
• Commercial quantity (50 gm) – Jail time between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs(( Section 22, Narcotic Drugs and Psychotropic Substances Act, 1985)).

 

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

The law punishes those police officers who maliciously or vexatiously do the following acts(( Section 58 (1), Narcotic Drugs and Psychotropic Substances Act, 1985)):

• Enter and search or direct other officers to enter and search a place or a vehicle without any reasonable suspicion. 
• Intentionally and unnecessarily seize property or documents under the pretence of searching and seizing narcotic drugs or psychotropic substances. 
• Intentionally and unnecessarily detain, search or arrest any person
• The punishment for these crimes is imprisonment for up to 6 months and/or fine of Rs. 1000. 

False Complaints

The law also punishes those who willfully give wrong information to the police officers that eventually causes the wrongful search and arrest of people with imprisonment up to 2 years and/or fine(( Section 58 (2), Narcotic Drugs and Psychotropic Substances Act, 1985)). 

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

As per Indian law, possession and use of cannabis are illegal. However, from the cannabis plant only activities relating to the flowering part, aka Ganja/Weed, and the resin, aka Hashish, hash or charas, are illegal. 

Ganja/Weed

Ganja, also known as Weed, refers to merely the flowering part of the cannabis plant that becomes the fruit of the cannabis plant. The production, manufacture, possession, sale, purchase, transport, inter-state import/export, and the use of Ganja is banned in India. The punishment for carrying out any of these activities is proportional to the quantity of Ganja involved and not the type of activity.

• Small amount (up to 1 kg):  Jail time up to 1 year, and/or fine up to Rs. 10,000.
• Between 1 kg and 20 kgs: Jail time up to 10 years, and fine up to Rs. 1 lakh.
• Commercial amount (20 kg): jail time  between 10 years and 20 years, and fine between Rs 1 lakh and Rs 2 lakh. The Court may also impose fine exceeding Rs. 2 lakh by recording reasons in the judgment.(( Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985))

Charas/Hash

Charas is the separated resin (crude or purified) obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish. The production, manufacture, possession, sale, purchase, transport, inter-state import/export, and the use of Charas is banned in India. The punishment for carrying out any of these activities is proportional to the quantity of Charas involved and not the type of activity. 

• Small amount (up to 100 grams): jail time  up to one year, and/or fine up to Rs. 10,000.
• 100 grams – 1 kg: jail time  up to ten years, and fine up to Rs. 1 lakh. 

Commercial amount (1 kg): jail time  between ten years and twenty years, and fine between Rs 1 lakh and Rs 2 lakh. The Court may also impose fine exceeding Rs. 2 lakhs by recording reasons in the judgment.(( Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985))

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Opium is the solidified juice of the opium poppy, which is the base plant from which opium is extracted. It is a white juice that is extracted from the poppy plant with the help of scalps in a very careful manner. It does not include any preparation containing less than 0.2% of morphine.

It is illegal to cultivate, produce, manufacture, possess, transport, inter-state import or export, sell, purchase or use opium and opium poppy. The punishment for carrying out any of these activities is proportional to the quantity of opium or opium poppy involved and not the type of activity.

• Small quantity (25 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
• 25 gm to 2.5 kg – jail time  up to 10 years and fine up to Rs 1 lakh 
• Commercial quantity (2.5 kg) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs(( Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985))

Prepared Opium

Prepared opium is any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, wherein the residue remaining after opium is smoked. 

It is illegal to manufacture, possess, transport, inter-state import/export, sell, purchase or use Prepared Opium. The punishment for carrying out any of these activities is proportional to the quantity of Prepared Opium involved and not the type of activity.

• Small quantity (5 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
• 5 gm to 250 gm – jail time  up to 10 years and fine up to Rs 1 lakh 
• Commercial quantity (250 gm) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs(( Section 17, Narcotic Drugs and Psychotropic Substances Act, 1985))

 

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Cocaine is a manufactured drug made from coca leaf of the coca plant. It is illegal to manufacture, possess, transport and inter-state import/export, sell, purchase and use cocaine. The punishment for carrying out any of these activities is proportional to the quantity of Cocaine involved and not the type of activity.

• Small quantity (2 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
• 2 gms – 100 gms – jail time  up to 10 years and fine up to Rs 1 lakh 
• Commercial quantity (100 gm) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs.(( Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985))

Coca Plant

There is also a separate punishment for cultivating, gathering, producing, possessing, transporting, importing, exporting, selling, purchasing and using the Coca Plant. For any of these activities, you can be punished with jail time  up to 10 years and fine up to Rs 1 lakh.(( Section 16, Narcotic Drugs and Psychotropic Substances Act, 1985))