Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable 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.
Simplified Explanation
Section 19 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the punishment for embezzlement or illegal disposal of opium by a licensed cultivator. This section specifically targets those who are authorized by the Central Government to cultivate opium poppy but engage in illegal activities related to the opium they produce.
Key Provisions of Section 19
- Applicability:
This provision applies to cultivators who are licensed by the Central Government to cultivate opium poppy. These cultivators are permitted to grow opium poppy under strict regulations, typically for legal production or distribution purposes. - Punishment for Embezzlement or Illegal Disposal:
If a licensed cultivator embezzles (illegally withholds or misappropriates) or illegally disposes of any part of the opium they have cultivated, they face severe penalties:- Rigorous imprisonment for a term of not less than 10 years, which may extend up to 20 years.
- A fine that is not less than one lakh rupees and can extend up to two lakh rupees.
- The court has the discretion to impose a fine exceeding two lakh rupees if the circumstances of the case warrant it (with reasons recorded in the judgment).
Purpose of Section 19
The key objective of this section is to prevent abuse of the privilege granted to cultivators who are legally permitted to grow opium poppy. By criminalizing the embezzlement or illegal disposal of opium, the law ensures that opium production remains controlled and that traffickers and illicit traders cannot exploit the legal system for illegal activities.
Impact and Deterrence
- Strict Punishment for Abuse:
This provision sends a strong message that even licensed cultivators who engage in illegal practices will face harsh penalties, including lengthy imprisonment and substantial fines. This creates a strong deterrent against corruption or illegal behavior within the legal cultivation system. - Ensuring Accountability:
The stringent penalties ensure that cultivators remain accountable for the opium they produce. It also prevents the diversion of opium from legal production channels to illegal markets, which is a common concern in the narcotic trade. - Enforcement of Control:
By criminalizing embezzlement or illegal disposal of opium, the section further enforces the government’s control over opium cultivation and reduces the risk of the crop being used for illegal purposes, such as trafficking.
Conclusion
Section 19 of the NDPS Act seeks to prevent corruption and illegal diversion of opium by licensed cultivators. It imposes severe penalties, including long prison sentences and significant fines, on cultivators who abuse their privileges. This ensures that the production of opium remains within the boundaries of legal and controlled use.
