Section 21: Punishment for contravention in relation to manufactured drugs and preparations

1[21. Punishment for contravention in relation to manufactured drugs and preparations.– Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug 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. 8, for sections 21 to 23 (w.e.f. 2-10-2001).

2. Subs. by Act 16 of 2014, s. 10, for “six months” (w.e.f. 1-5-2014).

Simplified Explanation

Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) deals with the punishment for offenses related to manufactured drugs and preparations containing manufactured drugs. This section is crucial for regulating the illegal trade, use, and possession of drugs and pharmaceutical preparations that contain narcotic substances or psychotropic substances.

Key Provisions of Section 21

1. Offenses Related to Manufactured Drugs:
   The section applies to individuals involved in activities such as:
   • Manufacturing,
   • Possessing,
   • Selling,
   • Purchasing,
   • Transporting,
   • Importing (inter-state),
   • Exporting (inter-state), or
   • Using any manufactured drug or preparation containing a manufactured drug.

These actions are prohibited unless authorized by the Central Government or authorized parties under specific licenses or conditions.

Punishments for Offenses Involving Manufactured Drugs and Preparations

1. Small Quantity (Clause a)

If the offense involves a small quantity of a manufactured drug or preparation:

• Punishment:
  • Rigorous imprisonment for a term that may extend up to 1 year, or
  • A fine that may extend to 10,000 rupees, or
  • Both imprisonment and fine.

2. Quantity Lesser than Commercial Quantity but Greater than Small Quantity (Clause b)

If the offense involves an amount of manufactured drug or preparation that is less than commercial quantity but greater than small quantity:

• Punishment:
  • Rigorous imprisonment for a term which may extend up to 10 years, and
  • A fine that may extend up to 1 lakh rupees.

3. Commercial Quantity (Clause c)

If the offense involves a commercial quantity of a manufactured drug or preparation:

• Punishment:
  • Rigorous imprisonment for a term which shall not be less than 10 years but may extend to 20 years,
  • The offender shall also be liable to a fine which shall not be less than 1 lakh rupees but may extend to 2 lakh rupees.
  • The court may, for reasons recorded in the judgment, impose a fine exceeding 2 lakh rupees.

Purpose of Section 21

Section 21 serves to regulate the manufacture, possession, and trafficking of manufactured drugs and preparations containing narcotic or psychotropic substances. It aims to prevent the illegal distribution and use of such drugs, which can have severe societal and health consequences. By imposing stringent penalties based on the quantity of the drugs involved, it ensures that the punishment is proportional to the severity of the offense.

Impact and Deterrence

• Strict Penalties:
  The law provides for severe penalties, especially for those involved in the commercial trafficking of manufactured drugs, with the possibility of rigorous imprisonment for up to 20 years and hefty fines. This discourages large-scale drug production and trafficking operations.
• Encouraging Compliance:
  By outlining penalties for varying levels of drug quantities, the section ensures that offenders face appropriate consequences based on the extent of their crimes. The system allows for differentiation between minor offenders (those involved with small quantities) and major criminals (those trafficking large quantities).
• Public Health and Safety:
  The penalties act as a deterrent against illegal activities that endanger public health. Manufactured drugs often contribute to drug addiction and overdose deaths, so this provision plays a key role in curbing such harmful activities.

Conclusion

Section 21 of the NDPS Act is a crucial provision for regulating the trafficking, production, and use of manufactured drugs and drug preparations. The tiered punishment system, based on the quantity of the drugs involved, helps ensure that the punishment is in proportion to the severity of the offense. This law is aimed at controlling drug trafficking, preventing illegal drug abuse, and safeguarding public health.