1[25. Punishment for allowing premises, etc., to be used for commission of an offence.– If any person contravenes an order made under section 9A, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees.]
1. Ins. by Act 2 of 1989, s. 7 (w.e.f. 29-5-1989).
Simplified Explanation
Section 25A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlines the punishment for any individual who violates an order made under Section 9A of the Act.
Key Provisions of Section 25A
Contravention of Orders under Section 9A
- Violation of Section 9A Orders:
This section deals with punishment for anyone who contravenes an order issued under Section 9A of the NDPS Act. Section 9A typically deals with the empowerment of authorities to take preventive measures, including orders that can restrict certain actions related to narcotic drugs and psychotropic substances.
Punishment for Contravention
- Imprisonment:
If a person violates an order under Section 9A, they will face rigorous imprisonment for up to ten years. - Fine:
In addition to imprisonment, the person may also be fined up to one lakh rupees. - Exceeding the Fine Limit:
The court may, for specific reasons recorded in the judgment, impose a fine that exceeds the standard limit of one lakh rupees.
Purpose of Section 25A
The purpose of Section 25A is to ensure compliance with the preventive orders issued under Section 9A, which are crucial for controlling the production, trafficking, and abuse of narcotic drugs and psychotropic substances. By imposing severe penalties for non-compliance, the law aims to enforce discipline and deter individuals or organizations from ignoring or violating regulatory measures intended to control drug-related activities.
Impact of Section 25A
- Deterrence Against Violating Orders:
The severe punishment under Section 25A, including up to ten years of imprisonment and a fine, serves as a strong deterrent for individuals or entities that might be tempted to flout orders related to the regulation of narcotics and psychotropic substances. - Supports Preventive Measures:
The section strengthens the overall framework of the NDPS Act by ensuring that individuals cannot simply ignore the preventive actions taken by authorities under Section 9A. This is a critical tool in the fight against drug trafficking and abuse. - Accountability for Violations:
Individuals who attempt to undermine the authority of the orders issued under Section 9A are held directly accountable for their actions, ensuring that there are no safe spaces for illegal drug activities to flourish.
Conclusion
Section 25A imposes a strict punishment for contravening orders made under Section 9A, underscoring the importance of adhering to regulatory measures aimed at controlling narcotic drugs and psychotropic substances. With provisions for rigorous imprisonment and substantial fines, it acts as a strong deterrent against violations, ensuring that preventive orders have real consequences and contribute to the broader objectives of the NDPS Act.
