Narcotics Drugs and Psychotropic Substances (Amendment) Act, 2001 - Substitution of new sections for sections 21 to 23

Substitution of new sections for sections 21 to 23.-

For sections 21 to 23 of the principal Act, the following sections shall be substituted, namely

8. Substitution of new sections for sections 21 to 23.-For sections 21 to 23 of the principal Act, the following sections shall be substituted, namely –

            21. Punishment for contravention in relation to manufactured drugs and preparations –

                  Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable –

                        (a)  where the contravention involves small quantity, with rigorous imprisonment  for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both;

                        (b)  where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine  which may extend to one lakh rupees;

                        (c)  where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be  liable to  fine  which shall not be less than one lakh rupees but  which  may extend to two lakh rupees:

               Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

            22. Punishment for contravention in relation to psychotropic substance –

                  Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufacturers, possesses, sells, purchases, transports, imports inter-State, exports  inter-State or uses any psychotropic  substance shall be punishable –

                 (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both;

                 (b)  where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine  which  may extend to one lakh rupees;

                (c)  where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less  than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but  which  may extend to two lakh rupees:

               Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

            23. Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances –

                Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate or authorization issued thereunder, imports into India or exports from India or tranships any narcotic drug or psychotropic substance shall be punishable –

                  (a) where the contravention involves small quantity, with rigorous imprisonment  for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;

                  (b)  where the contravention involves quantity, lesser than commercial quantity  but greater than small quantity, with rigorous  imprisonment for a term which may extend to ten years, and with fine  which may extend to one lakh rupees;

                  (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less  than ten years but which may extend to twenty years, and shall also be  liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

                  Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
 
9.  Substitution of new section for section 25.

            25.  Substitution of new section for section 25.-For section 25 of the principal Act, the following section shall be substituted, namely –

            "25. Punishment for allowing premises, etc., to be used for commission of an offence.-Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence."

10.  Substitution of new section for section 27.

         For section 27 of the principal Act, the following section shall be substituted, namely –

            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, diacetyl-morphine 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.

11. Amendment of section 30.

            In section 30 of the principal Act, for the words, figures and brackets "section 15 to section 25 (both inclusive) and from the circumstances of the case", the words, figures and letter "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" shall be substituted.