1[27B. Punishment for contravention of section 8A. — Whoever contravenes the provision of section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to ten years and shall also be liable to fine.]
1. Ins. by Act 16 of 2014, s. 13 (w.e.f. 1-5-2014).
Simplified Explanation
Section 27B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the penalty for violating Section 8A of the same Act.
Key Provisions of Section 27B
- This section applies to individuals who contravene the provisions of Section 8A of the NDPS Act.
- Section 8A relates to the restriction on the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-State, export inter-State, import into India, or export from India of narcotic drugs and psychotropic substances except as per the authorized regulations.
Punishment for Violation of Section 8A
- A person who violates the provisions of Section 8A will be punishable with:
- Rigorous imprisonment for a term which shall not be less than three years, but may extend to ten years.
- The individual shall also be liable to fine, though the amount is not specified in this section, it is understood to be at the discretion of the court.
Purpose of Section 27B
This provision serves as a deterrent to individuals who fail to comply with the legal framework governing narcotic drugs and psychotropic substances. It reinforces the need for adherence to regulations and conditions specified by the authorities, ensuring that these substances are not misused, manufactured, or trafficked unlawfully.
Impact of Section 27B
- Ensuring Compliance:
By imposing stringent penalties, Section 27B aims to ensure compliance with Section 8A, which regulates the production, sale, and use of narcotic drugs and psychotropic substances. This helps to prevent the illicit trafficking and abuse of controlled substances. - Long-Term Imprisonment:
The minimum three-year imprisonment provides a strong deterrent, signaling the seriousness of violating the conditions around narcotic substances. The possibility of a ten-year sentence adds further weight to the consequences of non-compliance. - Legal Accountability:
This section emphasizes legal accountability and serves as a legal remedy to punish those who engage in unauthorized activities involving narcotic drugs and psychotropic substances.
Conclusion
Section 27B ensures strict penalties for contravention of the provisions under Section 8A, contributing to the regulation and control of narcotic drugs and psychotropic substances in India. The rigorous imprisonment of 3 to 10 years and fine acts as a powerful deterrent against unlawful activities involving these substances, supporting the overall enforcement of anti-narcotics laws in the country.
