If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of 1[sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid:
Provided that the court may, for reasons to be recorded in the Judgment, impose a higher fine.
1. Subs. by Act 9 of 2001, s. 11, for certain words, figures and brackets (w.e.f. 2-10-2001).
Simplified Explanation
Section 30 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the punishment for preparation to commit an offence under the Act. It specifically applies to situations where an individual has taken preparatory actions but has not yet completed the offence.
Key Provisions of Section 30
Preparation to Commit Offence
- Preparation: This refers to actions taken with the intent to commit an offence, where a person does something (or fails to do something) that would lead to the commission of an offence under the NDPS Act.
- Circumstances: If the circumstances suggest that the person was determined to commit the offence but was prevented from completing it due to factors outside their control, then it may be inferred that the person was preparing to commit the offence.
- Relevant Sections: The section applies to preparations for offences under sections 19 (embezzlement of opium by cultivators), 24 (external dealings in narcotics and psychotropic substances), 27A (financing illicit traffic), and other offences involving commercial quantities of narcotics or psychotropic substances.
Punishment for Preparation
- Imprisonment: If a person is found to have made preparations for committing an offence, the punishment will be:
- Rigorous imprisonment for a term which is half of the minimum term (if any) and may extend to half of the maximum term for which the person would have been punished had they committed the offence.
- Fine: The fine will be:
- Half of the minimum fine (if any) and may extend to half of the maximum fine that would have been imposed for the actual commission of the offence.
Court’s Discretion
- Increased Fine: The court may, for reasons recorded in the judgment, impose a fine higher than the prescribed half-amount if special circumstances justify it.
Purpose of Section 30
The section is designed to address situations where a person has taken substantial steps towards committing a crime under the NDPS Act but is prevented from completing the offence due to circumstances beyond their control (such as law enforcement intervention).
It serves as a deterrent against those who begin criminal activities related to narcotics and psychotropic substances but fail to complete them. By punishing the preparatory acts, it ensures that even attempted or incomplete offences are penalized.
Example of an Offence Under Section 30
- A person may stockpile narcotic drugs or psychotropic substances with the intention of trafficking them but is caught by law enforcement before completing the transaction. If the preparation is sufficiently indicative of the intent to commit a narcotics-related offence (such as trafficking or smuggling), the person may be punished under Section 30.
Impact of Section 30
- Prevention of Drug-related Crimes: The law acts as a deterrent for those who are preparing to engage in drug trafficking or other related offences but have not yet completed the criminal act.
- Early Intervention: It allows authorities to intervene early in criminal activities, preventing the full execution of drug-related crimes and minimizing their impact.
Conclusion
Section 30 targets preparations to commit offences under the NDPS Act. It punishes actions taken in preparation for committing a narcotics offence if it is clear that the person intended to carry out the crime but was prevented from doing so due to external factors. The punishment is proportionate to the penalty for the completed offence, providing a significant deterrent against preparing to commit drug-related crimes.
