1[25. Punishment for allowing premises, etc., to be used for commission of an offence.– Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence.]
1. Subs. by Act 9 of 2001, s. 9, for section 25 (w.e.f. 2-10-2001).
Simplified Explanation
Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the accountability of individuals who permit their property, whether it is a house, room, vehicle, or other premises, to be used for the commission of an offence under the Act. This section holds owners, occupiers, or those in control of such premises responsible if they knowingly allow others to engage in illegal activities related to narcotic drugs or psychotropic substances.
Key Provisions of Section 25
Offence Under Section 25
- Whoever: This section applies to anyone who owns, occupies, or controls any property such as a house, room, vehicle, or any other space.
- Knowingly Permits: The person must knowingly allow their premises to be used for the commission of an offence under the NDPS Act.
- Used for Commission of an Offence: The premises, space, or conveyance must be used by another person to carry out illegal activities such as trafficking, possession, or distribution of narcotic drugs or psychotropic substances.
Punishment
- The punishment for a violation of this section is the same as the punishment provided for the offence that is committed by the other person on the premises. In other words, the owner or occupier of the property will face the same penalty as if they themselves had committed the offence, which could include imprisonment or fine, depending on the nature of the contravention.
Purpose of Section 25
The primary purpose of this section is to deter individuals from knowingly allowing their property to be used for illegal activities related to narcotics or psychotropic substances. By holding property owners, occupiers, or controllers accountable, the section aims to eliminate safe havens for drug traffickers and other criminals, thereby reducing opportunities for drug-related offences to occur.
Impact of Section 25
- Accountability for Property Owners:
The law ensures that individuals who have control over properties are responsible for ensuring that their property is not misused for criminal activities related to drugs. This helps in discouraging negligence or willful ignorance in allowing illicit activities to take place. - Prevention of Drug Activities:
By making property owners liable, Section 25 helps prevent the establishment of drug dens or other spaces where illegal drug activities could take place. It makes owners and occupiers more cautious about who uses their properties. - Deterrence for Property Use:
The potential for significant legal consequences if their property is used for criminal purposes creates a strong deterrent for individuals who might otherwise be indifferent to what happens on their premises.
Conclusion
Section 25 of the NDPS Act ensures that individuals who knowingly permit their property to be used for narcotic-related offences are held equally accountable for the crime. By aligning their punishment with the crime committed, the section aims to discourage individuals from allowing their spaces to be used for illegal drug-related activities. It supports the overall goal of the Act to curb the abuse and trafficking of narcotic drugs and psychotropic substances by eliminating spaces where such illegal activities could flourish.
