1[18. Punishment for contravention in relation to opium poppy and opium.–Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses 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;
(b) 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 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;
(c) in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one 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 s. 8, ibid., for “six months” (w.e.f. 1-5-2014).
Simplified Explanation
Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) deals with the punishment for offenses related to opium poppy and opium, including the cultivation, production, manufacture, possession, sale, purchase, transportation, importation, exportation, and use of opium.
This section applies to both opium poppy (the plant from which opium is derived) and opium itself, which is a controlled substance under the NDPS Act.
Key Provisions of Section 18
- Punishments for Contravention:
Anyone who violates the provisions of the NDPS Act concerning opium poppy and opium is subject to the following penalties based on the quantity involved:- For Small Quantity:
The punishment for contravening the provisions of the Act for a small quantity of opium or opium poppy is rigorous imprisonment for up to one year, or a fine up to ten thousand rupees, or both. - For Commercial Quantity:
For contravention involving commercial quantity (a large amount of opium), the punishment is much more severe:- Rigorous imprisonment for not less than 10 years (up to 20 years),
- A fine ranging from one lakh rupees to two lakh rupees.
- The court may impose a higher fine exceeding two lakh rupees, if justified in its judgment.
- For Any Other Case:
If the contravention involves a quantity that is not small and not commercial, the punishment is:- Rigorous imprisonment for up to 10 years, and
- A fine up to one lakh rupees.
- For Small Quantity:
Explanation of Key Terms
- Small Quantity:
The Central Government defines what constitutes a “small quantity” for substances like opium. This threshold is typically related to personal use and is set to distinguish between minor offenses and serious trafficking activities. - Commercial Quantity:
This refers to a large amount of opium, typically associated with organized drug trafficking. The law treats offenses involving commercial quantities with the utmost severity. - Other Cases:
If the quantity of opium involved does not fall into the categories of small or commercial, the offender still faces significant punishment under the law, usually relating to quantities that exceed personal or recreational use but don’t reach a trafficking level.
Purpose of Section 18
The primary goal of this section is to create a strong deterrent against the cultivation, production, and illegal activities related to opium poppy and opium. It aims to address different levels of involvement in the narcotics trade, ranging from personal possession or use to large-scale trafficking operations.
By distinguishing between small and commercial quantities, the law ensures that penalties are proportionate to the severity of the offense.
Impact and Deterrence
- Imposing Severe Penalties for Major Offenses:
The provision imposes harsh punishments for involvement in large-scale opium trafficking and production, which is treated as a serious offense with long prison sentences and substantial fines. - Effective Regulation:
The differentiation between small and commercial quantities allows the law to specifically target high-level offenders, while still providing a fair legal framework for minor violations. - Reducing Opium Production and Trade:
The severe penalties aim to deter anyone involved in the illegal cultivation or trafficking of opium, ensuring stricter regulation and control over narcotic drugs in India.
Conclusion
Section 18 of the Narcotic Drugs and Psychotropic Substances Act ensures that violations related to opium poppy and opium are met with proportionate punishments depending on the quantity involved. The law imposes harsh penalties for commercial-scale offenses, reinforcing India’s strict stance against the cultivation and illegal trade of narcotics.
