NDPS Matters

Psychotropic substances are defined as any substance, whether natural or synthetic or any natural derivative or for that matter any preparation of such substance or derivative on the list of psychotropic substances specified in the Schedule of NDPS Act.

The punishment under NDPS Act is given according to the quantity and type of the seized drug and for which purpose it is being used. For cultivation of cannabis the punishment is 10 years of imprisonment along with fine of Rs 1 lakh.

if any person produces, manufacture, possess, sell, purchase, transport, and traffic cannabis and is found with small quantity (less than 1 kg) then the punishment is of 1 year imprisonment and fine of Rs 10,000.

If he is found with greater quantity than prescribed small quantity but less than commercial quantity (i.e., between 1kg and 20kg) then the punishment is for 10 years imprisonment along with Rs 1 lakh fine.

If he is found with quantity greater than commercial quantity (more than 20kg) then the punishment is for 10-20 years imprisonment and Rs 1-2 lakh fine, which can be extended even beyond Rs 2 lakh.

If the drugs are used for consumption purposes, then the punishment is for 6 months to 1 year imprisonment or a fine of Rs 10,000 – 20,000.

Offences under NDPS Act are treated as cognizable offences which means that under NDPS Act police can arrest the accused person without warrant and bail under these matters are given as per the orders of the court. As per the NDPS Act the accused can be released on bail only if the public prosecutor has got the chance to oppose the bail application and if after hearing public prosecutor the court has a reason to believe that the accused is not guilty of the offence and he is not going to commit any crime after releasing on bail.

We here at Chaklan and Associates provide assistance in matters related to NDPS and fight for justice.