1[15. Punishment for contravention in relation to poppy straw.– Whoever, in contravention of any provisions of this Act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw 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;
(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;
(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. 6, for “six months” (w.e.f. 1-5-2014).
Simplified Explanation
Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides the legal consequences for the illegal handling of poppy straw. Poppy straw refers to the residual material left after opium has been extracted from the opium poppy. This section defines punishments for contraventions regarding the production, possession, transport, sale, purchase, use, or other activities involving poppy straw in violation of the Act or the conditions of any related licence.
Key Provisions of Section 15
- Punishments Based on Quantity:
The punishment is tiered based on the quantity of poppy straw involved in the contravention. These punishments differ depending on whether the contravention involves a small quantity, a quantity greater than small but lesser than commercial, or a commercial quantity of poppy straw.
- Small Quantity:
If the contravention involves small quantity of poppy straw:- Punishment: Rigorous imprisonment for up to one year, or a fine up to ten thousand rupees, or both.
- Quantity Greater than Small but Lesser than Commercial:
If the contravention involves a quantity greater than small but lesser than commercial, the punishment is more severe:- Punishment: Rigorous imprisonment for a term up to ten years and a fine up to one lakh rupees.
- Commercial Quantity:
If the contravention involves a commercial quantity of poppy straw, the punishment is the most severe:- Punishment: Rigorous imprisonment for not less than ten years and up to twenty years, along with a fine that is at least one lakh rupees, but it can go up to two lakh rupees. The court has the discretion to impose a fine greater than two lakh rupees, provided reasons are recorded in the judgment.
- Key Terms:
- Poppy Straw: This refers to the dried material from the poppy plant, which may contain traces of opium and can be used to produce narcotic substances.
- Commercial Quantity: A term used under the NDPS Act to define a quantity that is considered large enough to be deemed for commercial trafficking or distribution.
Implications of Section 15
- Strict Penalties for Narcotic Offenses:
Section 15 reflects the serious approach the law takes toward controlling the production, possession, and distribution of poppy straw. Given that poppy straw is a precursor for the production of opium and other narcotic drugs, strict penalties are in place to deter trafficking and misuse. - Escalating Punishments:
The escalating severity of punishments is designed to reflect the dangerous nature of trafficking or abusing larger quantities of narcotic substances. As the quantity increases, so do the legal consequences, emphasizing the harmful potential of illicit drug trade. - Judicial Discretion in Imposing Fines:
The court has discretion to impose a fine that exceeds the standard maximum if it finds compelling reasons to do so, ensuring that penalties can be tailored to fit the circumstances of the case. - Deterrent Effect:
By imposing rigorous imprisonment and hefty fines, this section aims to create a strong deterrent effect against those involved in the illicit production or distribution of poppy straw.
Conclusion
Section 15 of the Narcotic Drugs and Psychotropic Substances Act sets out clear and graduated punishments for individuals involved in the illegal handling of poppy straw, with penalties increasing based on the quantity involved. It is a critical provision aimed at controlling the trafficking and abuse of narcotic substances in India, reinforcing the state’s efforts to combat drug-related offenses.
