1[23. Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances.– Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports into India or exports from India or tranships any narcotic drug or 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 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. 12, for “six months” (w.e.f. 1-5-2014).
Simplified Explanation
Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) deals with the illegal import, export, or transshipment of narcotic drugs and psychotropic substances. This section prescribes penalties for individuals or entities involved in these illegal activities, aiming to curb international trafficking and the illicit movement of such substances.
Key Provisions of Section 23
This section specifically addresses the actions of importing into India, exporting from India, or transshipping (the illegal movement of goods through a country) any narcotic drugs or psychotropic substances in contravention of the provisions of the Act or any rules, orders, licenses, permits, certificates, or authorizations issued under it.
Punishments for Illegal Import, Export, or Transhipment
1. Small Quantity (Clause a)
If the contravention involves a small quantity of narcotic drugs or psychotropic substances:
- Punishment:
- Rigorous imprisonment for a term which may extend to 1 year, or
- A fine which may extend to 10,000 rupees, or
- Both imprisonment and fine.
2. Lesser than Commercial Quantity but Greater than Small Quantity (Clause b)
If the contravention involves an amount of narcotic drugs or psychotropic substances that is less than commercial quantity but greater than small quantity:
- Punishment:
- Rigorous imprisonment for a term which may extend to 10 years, and
- A fine which may extend to 1 lakh rupees.
3. Commercial Quantity (Clause c)
If the contravention involves a commercial quantity of narcotic drugs or psychotropic substances:
- 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 23
The primary objective of Section 23 is to curb international trafficking and prevent the illegal movement of narcotic drugs and psychotropic substances across borders. These activities often fuel large-scale abuse, violence, and organized crime, not only within India but also globally. This section aims to strengthen India’s position in the fight against international drug trafficking.
Impact of Section 23
- International Control:
By penalizing the import, export, and transshipment of illicit substances, this section serves to control cross-border drug trafficking, which is a significant threat to national and international security and public health. - Deterrent Effect:
The penalties, including long prison sentences and hefty fines, are designed to deter individuals and organizations from participating in or facilitating illegal drug trade, particularly when dealing with large quantities of substances. - Regulatory Framework:
The law creates a regulatory framework that ensures compliance with the conditions of licenses, permits, and authorizations related to narcotics, psychotropic substances, and their trade. It empowers authorities to take stringent action against individuals violating these provisions.
Conclusion
Section 23 of the NDPS Act imposes strict punishments for the illegal importation, exportation, or transshipment of narcotic drugs and psychotropic substances. The law aims to combat international drug trafficking, ensuring that those involved in the illicit trade face severe penalties. By imposing a graduated system of punishment based on the quantity of drugs involved, the section seeks to balance fairness and deterrence, contributing to India’s broader efforts to prevent drug abuse and protect public health.
