Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

Simplified Explanation

Section 32 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with the punishment for offenses where no specific penalty is mentioned in the Act or its associated rules or orders. This provision serves as a catch-all for violations of the Act that are not explicitly addressed by other sections.

Key Points:

• Applicability: This section applies to any person who contravenes (violates) any provision of the Act, its rules, or any conditions associated with licenses, permits, or authorizations issued under the Act, but where the specific offense does not have a separately prescribed punishment under the Act.
• Punishment: If someone violates such provisions, the punishment is:
  • Imprisonment: A term of imprisonment that may extend to six months.
  • Fine: A fine can be imposed, though the amount is not specified in this section.
  • Both: The person can be penalized with both imprisonment and a fine, at the discretion of the court.

Purpose:

• Ensuring Accountability: Section 32 ensures that there is a legal consequence for any violations of the Act, even if those violations don’t fall under a specific section with its own designated punishment. It aims to prevent individuals from exploiting any gaps or ambiguities in the law.
• Flexibility: The range of punishments (imprisonment, fine, or both) gives the court some flexibility in determining the penalty, based on the seriousness of the violation.

Example:

• If a person violates a condition of a license or permit issued under the Act, but the violation does not correspond to a specific offense listed elsewhere in the Act, they could be punished under Section 32 with imprisonment for up to six months, a fine, or both.

This section ensures that all contraventions of the Act are addressed, even if they do not fall under specific offenses with detailed penalties.

Section 32A: No suspension, remission or commutation in any sentence awarded under this Act

1[32A. No suspension, remission or commutation in any sentence awarded under this Act.– Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.]

1. Ins. by Act 2 of 1989, s. 10 (w.e.f. 29-5-1989).

Simplified Explanation

Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985 prohibits the suspension, remission, or commutation of any sentence imposed under the Act, with the exception of Section 27.

Key Provisions:

• General Rule: The provision states that, notwithstanding anything in the Code of Criminal Procedure, 1973 (CrPC) or any other law in force, no sentence awarded under the Narcotic Drugs and Psychotropic Substances Act (except for Section 27) can be:
  • Suspended: The sentence cannot be temporarily halted or delayed.
  • Remitted: The sentence cannot be reduced, either in its duration or severity.
  • Commuted: The sentence cannot be changed to a lesser form of punishment, such as converting a prison term into a fine or reducing the punishment from rigorous imprisonment to simple imprisonment.
• Exception (Section 27): The restriction on suspension, remission, and commutation does not apply to offenses under Section 27 of the Act, which deals with the possession of small quantities of narcotic drugs or psychotropic substances. In such cases, the court may still decide to suspend, remit, or commute the sentence under the applicable provisions of the CrPC.
• Purpose: The main purpose of this section is to ensure that individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, particularly for serious offenses like trafficking and possession of large quantities, serve the full term of their sentence without the possibility of early release or reduction of punishment. This reflects the stringent stance taken by the law in dealing with narcotic crimes.

Example:

• If someone is convicted of an offense under the Narcotic Drugs and Psychotropic Substances Act, they cannot request the court to reduce their sentence or release them on parole or probation before completing their term (except under Section 27, where leniency may be applied in cases involving small quantities of drugs).

This provision ensures that there is no leniency for individuals convicted under the Act (except where specifically allowed by Section 27), reinforcing the seriousness of narcotic-related crimes in India.