Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27.

Simplified Explanation

Section 33 of the Narcotic Drugs and Psychotropic Substances Act, 1985 addresses the applicability of certain provisions of the Code of Criminal Procedure, 1973 (CrPC) and the Probation of Offenders Act, 1958 to individuals convicted under the Narcotic Drugs and Psychotropic Substances Act.

Key Provisions:

• Exclusion of Probation and Section 360 of the CrPC:
  • Section 360 of the CrPC and the Probation of Offenders Act, 1958, which allow for the suspension of a sentence or placing a convict under probation (i.e., giving them a chance to serve their sentence outside of jail under supervision), do not apply to a person convicted under the Narcotic Drugs and Psychotropic Substances Act.
  • This means that, in general, a person convicted under this Act cannot avail of probation or have their sentence suspended unless specific exceptions are met.
• Exceptions:
  • Under Eighteen Years of Age: The exception is for individuals who are under 18 years of age at the time of conviction. In such cases, the court may consider granting probation or suspension of the sentence, in accordance with the provisions of the CrPC or the Probation of Offenders Act.
  • Offenses Under Sections 26 or 27: The provisions of probation or suspension of sentence may also apply if the offense is punishable under Section 26 or Section 27 of the Narcotic Drugs and Psychotropic Substances Act, which generally deal with offenses related to the possession of small quantities of narcotic drugs or psychotropic substances.

Purpose:

• Ensuring Stringent Punishment for Narcotic Crimes: This section ensures that individuals convicted of more serious narcotic-related offenses do not receive leniency through probation or sentence suspension, reinforcing the gravity of drug-related crimes under the Act.
• Protection for Juveniles: The provision recognizes the age of the offender, allowing for more lenient treatment of juveniles (under 18 years), in line with juvenile justice principles.
• Focused on Serious Offenses: The reference to Sections 26 and 27 ensures that the law provides some leniency for those involved in minor offenses (such as possession of small quantities), but still maintains a strict approach toward more serious narcotic crimes.

Example:

• If an individual under 18 years of age is convicted for possessing a small quantity of narcotic drugs (under Section 27), the court may apply probation or allow a suspended sentence under the CrPC or the Probation of Offenders Act.
• However, for someone convicted of a larger-scale narcotic trafficking offense under this Act, the provisions of probation or sentence suspension would not apply, and they would likely serve a custodial sentence.

This section ensures that the law treats serious narcotics offenses with strictness, while also offering some leniency to juvenile offenders or those convicted of less serious offenses like possessing small amounts of drugs.

Section 34: Security for abstaining from commission of offence

(1) Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it thinks fit to fix.

(2) The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code.

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an appellate court or by the High Court or Sessions Judge when exercising the powers of revision.

Simplified Explanation

Section 34 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with the possibility of a court requiring a convicted person to execute a bond, promising to abstain from committing any further offenses under the Act. This provision is designed to prevent repeat offenses by requiring offenders to give a formal commitment not to engage in narcotics-related crimes for a certain period.

Key Provisions:

1. Court’s Authority to Order a Bond (Section 34(1)):

• When Applicable: This provision applies when a person is convicted under any provision of Chapter IV of the Act (which deals with offenses related to the trafficking and possession of narcotic drugs and psychotropic substances).
• Purpose: The court may order the convicted individual to execute a bond, ensuring they refrain from committing any further offenses under the Act.
• Amount of the Bond: The bond amount should be proportionate to the convict’s financial means, and may require sureties (a third party guaranteeing the individual’s behavior).
• Duration: The period during which the person must abstain from committing offenses cannot exceed three years.

2. Form and Procedure of the Bond (Section 34(2)):

• The bond must be in the form prescribed by the Central Government. The court will follow procedures similar to those outlined in the Code of Criminal Procedure, 1973 (CrPC), especially Section 106 of the CrPC, which deals with bonds to keep the peace.
• Code of Criminal Procedure: This ensures that all matters related to the bond, such as its execution, enforcement, and penalties for violation, are governed by the CrPC as if it were a bond issued for keeping the peace.

3. Effect if Conviction is Overturned (Section 34(3)):

• If the conviction is later set aside on appeal or for any other reason, the bond will become void. This means that the person will no longer be legally bound by the commitment to abstain from future offenses under the Act.

4. Appellate and Revisionary Powers (Section 34(4)):

• The appellate court, High Court, or Sessions Judge exercising revisionary powers can also impose the order for a bond under this section. This provides flexibility in cases where the initial trial court did not impose such a bond, but the higher courts find it appropriate.

Purpose:

• Prevent Recidivism: The primary goal is to prevent the offender from re-offending by imposing a legally binding commitment to refrain from committing further narcotics-related offenses.
• Rehabilitation and Deterrence: The bond is intended to encourage the individual to avoid engaging in narcotics crimes, serving as a form of rehabilitation and deterrence.
• Financial Responsibility: By making the bond amount proportional to the individual’s means, the court ensures that the penalty is fair and manageable, avoiding undue hardship while still enforcing the law.

Example:

• Suppose a person is convicted for drug trafficking under the Act, and the court determines that the person might re-offend. The court could order the individual to sign a bond, agreeing not to commit any further narcotics offenses for a period of up to three years. If the person violates this bond by committing another narcotics-related offense, they could face additional legal consequences. However, if the conviction is overturned on appeal, the bond requirement would no longer apply.

This section gives courts a mechanism to manage the risk of re-offending and acts as a preventive measure for those convicted under the Narcotic Drugs and Psychotropic Substances Act.