1[17. Punishment for contravention in relation to prepared opium.– Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,–
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both; or
(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; or
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend 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 the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
1. Subs. by Act 9 of 2001, s. 6, for sections 15 to 18 (w.e.f. 2-10-2001).
2. Subs. by Act 16 of 2014, s. 7, for “six months” (w.e.f. 1-5-2014).
Simplified Explanation
Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) focuses on the punishments for offenses related to prepared opium, including manufacture, possession, sale, purchase, transportation, and use. Prepared opium refers to opium that has undergone processing, typically for illicit drug production.
Key Provisions of Section 17
- Punishments for Contravention:
If any person violates the provisions of the NDPS Act concerning prepared opium, including any rule, order, or condition of a licence granted, the following penalties apply based on the quantity involved:- For Small Quantity:
The person will face rigorous imprisonment for up to one year, or a fine of up to ten thousand rupees, or both. - For Lesser Quantity than Commercial Quantity but Greater than Small Quantity:
The penalty increases to rigorous imprisonment for a term up to ten years, and a fine that may extend to one lakh rupees. - For Commercial Quantity:
The punishment becomes more severe, with rigorous imprisonment for a minimum of ten years (which may extend to twenty years) and a fine ranging from one lakh to two lakh rupees.- The court may also impose a fine exceeding two lakh rupees, if it provides reasons for doing so in the judgment.
- For Small Quantity:
Explanation of Key Terms
- Small Quantity:
Defined by the Central Government as the minimum amount of prepared opium considered for personal use or for non-commercial illegal activities. The law categorizes this to assess appropriate penalties. - Lesser Quantity than Commercial but Greater than Small Quantity:
Refers to a quantity of prepared opium that is more than the small quantity but still less than what is considered commercial quantity. This category is designed to tackle those involved in trafficking or significant illegal distribution. - Commercial Quantity:
This refers to a large quantity of prepared opium, which is usually tied to organized trafficking or mass distribution. Commercial quantities of narcotics are treated with the harshest penalties under the NDPS Act.
Purpose of Section 17
The objective of this provision is to impose strict penalties for any illegal dealings in prepared opium, which is a controlled substance in India. This section serves as a deterrent for anyone involved in the production, distribution, or use of opium outside the legal frameworks.
Impact and Deterrence
- Harsh Punishments for Major Offenses:
Those involved in large-scale trafficking of opium face long sentences (up to 20 years) and substantial fines, emphasizing the seriousness with which commercial quantities of opium are viewed. - Effective Regulation:
The differentiation between small, lesser, and commercial quantities ensures that proportional penalties are imposed. This provides a balance between targeting serious traffickers and dealing with lesser offenses. - Discouraging Drug Production and Distribution:
The law aims to deter both local producers and international traffickers by applying heavy penalties for violating these regulations.
Conclusion
Section 17 of the Narcotic Drugs and Psychotropic Substances Act imposes severe punishments for contraventions involving prepared opium. The law distinguishes offenses based on the quantity of opium involved, with significantly higher penalties for larger quantities. This reflects India’s strong commitment to controlling the illegal opium trade and minimizing the impact of narcotic drugs on society.
