1[22. Punishment for contravention in relation to psychotropic substances.–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 psychotropic substance 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 .
(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 s. 11, ibid., for “six months” (w.e.f. 1-5-2014).
Simplified Explanation
Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the punishment for offenses related to psychotropic substances. These substances, which are chemicals that affect the mind and behavior, are strictly regulated due to their potential for abuse and harm to individuals and society. The section prescribes punishments for various offenses related to the manufacture, possession, sale, purchase, transportation, importation, exportation, or use of psychotropic substances.
Key Provisions of Section 22
This section covers the illegal activities surrounding psychotropic substances, which include actions such as:
- Manufacturing,
- Possessing,
- Selling,
- Purchasing,
- Transporting,
- Importing (inter-state),
- Exporting (inter-state), and
- Using any psychotropic substance.
The law mandates that these activities cannot be carried out without proper authorization from the Central Government or the relevant authorities.
Punishments for Offenses Involving Psychotropic Substances
1. Small Quantity (Clause a)
If the contravention involves a small quantity of a psychotropic substance:
- Punishment:
- Rigorous imprisonment for a term that may extend up to 1 year, or
- A fine which 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 contravention involves an amount of a psychotropic substance 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 contravention involves a commercial quantity of a psychotropic substance:
- Punishment:
- Rigorous imprisonment for a term which shall not be less than 10 years but may extend to 20 years, and
- 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 22
The primary objective of Section 22 is to regulate the illegal activities surrounding psychotropic substances, many of which are highly addictive and harmful to health. This provision:
- Deters individuals from engaging in illegal trafficking or consumption of such substances.
- Provides a structured and proportionate punishment system that aligns with the severity of the offense.
- Aims to safeguard public health by controlling the abuse of substances that have a high potential for addiction and negative social impact.
Impact and Deterrence
- Stringent Penalties:
The penalties set by this section are severe, especially for offenses involving commercial quantities of psychotropic substances, where individuals can face rigorous imprisonment for up to 20 years and hefty fines. These punishments are intended to deter large-scale trafficking and distribution of these substances. - Balanced Approach:
The law provides a tiered penalty system where the punishment increases with the quantity involved, ensuring that those involved in lesser offenses are not punished as severely as those engaging in large-scale trafficking. - Encourages Compliance:
By clearly specifying the penalties for various types of offenses, Section 22 encourages compliance with the regulations on psychotropic substances and strengthens the legal framework for combating substance abuse.
Conclusion
Section 22 of the NDPS Act is designed to regulate the illegal activities related to psychotropic substances. It provides a graduated penalty system based on the severity of the contravention, ensuring that the punishment matches the quantity of the substance involved. By imposing strict penalties, including long terms of imprisonment and substantial fines, the law serves as a deterrent against the illegal use, trade, and possession of psychotropic substances, aiming to protect public health and reduce the social and health consequences of drug abuse.
