Section 40: Power of court to publish names, place of business, etc., of certain offenders

(1) Where any person is convicted of any of the offences punishable under section 15 to section 25 (both inclusive), section 28, section 29 or section 30, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct.

(2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such appeal, having been preferred, has been disposed of.

(3) The expenses of any publication under sub-section (1) shall be recoverable from the convicted person as if it were a fine imposed by the court.

Simplified Explanation

Section 40 of the Narcotic Drugs and Psychotropic Substances Act, 1985 grants courts the authority to publicize details about individuals convicted of certain serious offenses under the Act. The aim is to create public awareness and act as a deterrent against drug-related crimes.

Here’s a detailed explanation of the provisions:

Subsection (1): Publication of Details

• Offenses covered: This provision applies to individuals convicted of specific offenses under sections 15 to 25 (inclusive), Section 28, Section 29, and Section 30. These offenses generally relate to the production, manufacture, possession, transport, import/export, warehousing, and trafficking of narcotic drugs and psychotropic substances. Convictions under these sections usually involve serious violations of the law related to drug trafficking and illicit drug trade.
• Details to be published: If the court convicts someone of one of these offenses, it has the discretion to order the publication of certain details about the offender. These may include:
  • The name of the convicted person
  • The place of business or residence of the person
  • A description of the nature of the contravention (i.e., what the person was convicted for)
  • The fact of conviction
  • Other particulars the court deems appropriate, depending on the circumstances of the case
• Publication responsibility: The convicted person will bear the cost of publishing this information, and the court will determine how and where it will be published, such as in newspapers or other forms of media.

Subsection (2): Timing of Publication

• Post-appeal period: The publication of the details of the offender cannot occur until:
  1. The appeal period has passed, meaning the period during which the convicted person can challenge the court’s judgment.
  2. If an appeal is filed, the publication will only happen after the appeal is disposed of (i.e., the appeal is either rejected or accepted, and the original judgment stands or is overturned).
• This ensures that a person’s reputation is not damaged prematurely if they are in the process of appealing their conviction.

Subsection (3): Recovery of Publication Costs

• Recovery as fine: The expenses of publishing the offender’s details (as described in Subsection 1) will be treated as a fine and can be recovered from the convicted individual in the same manner as any fine imposed by the court.
  • This means the convicted person will be responsible for paying the costs, and if they fail to do so, the court may take appropriate measures to recover the amount.

Key Points

1. Public Disclosure: This provision allows the court to publicly disclose the convicted individual’s name and details of their crime, aimed at discouraging drug-related offenses by making examples of offenders.
2. Timely Publication: Information will not be published until the convicted person has had an opportunity to appeal, ensuring fairness.
3. Financial Responsibility: The convicted individual is financially responsible for the costs of this publication, which will be treated as a fine.

Purpose of Section 40

This section serves as an additional punitive measure, aiming to further deter individuals from engaging in drug-related activities by publicizing the details of their conviction. It also ensures that the financial burden of such publication falls on the convicted person, making them accountable not only for their actions but also for the consequences in terms of public reputation.