1[27. Punishment for consumption of any narcotic drug or psychotropic substance.– Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,
(a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and
(b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.]
1. Subs. by Act 9 of 2001, s. 10, for section 27 (w.e.f. 2-10-2001).
Simplified Explanation
Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlines the punishment for the consumption of narcotic drugs or psychotropic substances. The section specifies the penalties based on the type of substance consumed, distinguishing between more dangerous substances and other types of controlled substances.
Key Provisions of Section 27
1. Consumption of Cocaine, Morphine, Diacetylmorphine, or Other Specified Narcotic Drugs/Psychotropic Substances
If a person consumes any of the following:
- Cocaine
- Morphine
- Diacetylmorphine (Heroin)
- Any other narcotic drug or psychotropic substance as specified by the Central Government in the Official Gazette.
The individual shall be punishable with:
- Rigorous imprisonment for a term which may extend to one year,
- Fine which may extend to twenty thousand rupees,
- Both imprisonment and fine.
2. Consumption of Other Narcotic Drugs or Psychotropic Substances
If the narcotic drug or psychotropic substance consumed is not listed in clause (a) (i.e., substances other than those specified like cocaine, morphine, or diacetylmorphine), the individual shall be punishable with:
- Imprisonment for a term which may extend to six months,
- Fine which may extend to ten thousand rupees,
- Both imprisonment and fine.
Purpose of Section 27
The main objective of Section 27 is to criminalize the consumption of narcotic drugs and psychotropic substances in a manner that differentiates the severity of punishment based on the type of substance consumed. It aims to deter individuals from consuming dangerous substances, such as heroin or cocaine, while still holding individuals accountable for the use of other controlled substances.
Impact of Section 27
- Focus on Preventing Addiction and Abuse:
This section targets the consumption of narcotic substances to combat substance abuse and reduce the public health threat posed by addiction to illegal drugs. - Differentiate Based on Substance:
By distinguishing between more harmful substances (like cocaine, morphine, or heroin) and other drugs, the law recognizes the varying levels of danger associated with different drugs, and prescribes harsher penalties for more dangerous substances. - Encourage Rehabilitation:
While the section prescribes punitive measures, it may also work in tandem with rehabilitation programs for those struggling with addiction, signaling the government’s commitment to both enforcement and care.
Conclusion
Section 27 of the NDPS Act aims to address the issue of drug consumption by imposing punishments based on the nature of the drug consumed. While severe penalties are laid out for the consumption of highly addictive and dangerous substances like cocaine and heroin, lesser penalties are applied for other controlled substances. The section plays a crucial role in discouraging the use of narcotic drugs and psychotropic substances, contributing to the broader effort to reduce drug abuse and its detrimental impact on society.
