Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government or otherwise than in accordance with the condition (if any) of such authorisation granted under section 12, 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 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 24 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the external dealings involving the import or export of narcotic drugs or psychotropic substances in contravention of the provisions of Section 12. This provision aims to regulate and control international trade in such substances by enforcing strict penalties for violations.
Key Provisions of Section 24
Prohibition
This section specifically targets individuals or entities that:
- Engage in or control any trade whereby narcotic drugs or psychotropic substances are obtained from outside India and supplied to any person outside India, and
- Do so without the prior authorization of the Central Government or otherwise not in compliance with the conditions attached to such authorization under Section 12.
Section 12 lays down the requirement for obtaining prior authorization from the Central Government before engaging in international trade of narcotic drugs or psychotropic substances, and any dealings in violation of this authorization are subject to penalties under Section 24.
Punishments for Violations
- Rigorous Imprisonment:
- For violations of Section 12 in relation to narcotic drugs or psychotropic substances, the individual shall be punishable with rigorous imprisonment for a term not less than 10 years but which may extend to 20 years.
- Fine:
- The offender shall also be liable to pay a fine that shall not be less than 1 lakh rupees but may extend to 2 lakh rupees.
- Court’s Discretion on Fine:
- The court has the discretion to impose a fine exceeding 2 lakh rupees for reasons recorded in the judgment.
Purpose of Section 24
The main objective of Section 24 is to control and regulate external trade involving narcotic drugs and psychotropic substances, preventing their illegal movement between countries. The provision emphasizes the importance of obtaining official authorization from the Central Government before engaging in such trade to ensure that these substances are not trafficked or misused in ways that could harm public health or contribute to the global drug trade.
Impact of Section 24
- International Trade Regulation:
This provision ensures that any trade involving narcotics or psychotropic substances across borders is carefully controlled by the Central Government. It ensures that international dealings in these substances are not conducted illegally, which could fuel drug trafficking networks. - Deterrent Effect:
The severe penalties, including long prison sentences and heavy fines, serve as a deterrent for individuals or organizations contemplating illegal external dealings in narcotic drugs or psychotropic substances. - Encourages Legal Compliance:
By imposing strict penalties for violations, Section 24 encourages individuals and businesses involved in the trade of these substances to comply with the regulations, obtaining the necessary authorizations and ensuring lawful conduct in international dealings.
Conclusion
Section 24 of the NDPS Act plays a crucial role in controlling and regulating the international trade of narcotic drugs and psychotropic substances. It imposes severe penalties on individuals or entities that engage in such trade without the proper authorization from the Central Government or in violation of the conditions attached to such authorization. By doing so, it seeks to prevent the spread of illicit drug trafficking, protect national and international public health, and uphold international drug control conventions.
