What Is The Punishment For Drug Trafficking?
Remember Sridevi in the movie 'Gumrah', who was "accidentally" caught trafficking drugs on a trip to Hong Kong in search for her long-lost father?
While Tom Alter in the movie informs the hapless girl that the punishment for drug trafficking in Hong Kong is death penalty (totally bullshit, by the way - You may read the 'Note' at the end of the article to know why), India thankfully has a "graded" punishment system.
It's kinda like school grades, i.e. the amount you study is directly proportional to the marks you get. Similarly, the amount of drugs you carry will be directly proportional to the punishment you'll get.
Let me explain how...
The Applicable Law
First of all, the provisions of the NDPS Act, 1985 were amended by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, which rationalised the punishment structure under the NDPS Act by providing graded sentences linked to the quantity of narcotic drugs or psychotropic substances carried.
Quantity: Small vs Commercial vs Intermediate
The amount of punishment will depend on the quantity of drugs found in your possession and is classified into either of the 3 categories:
1) Small
2) Commercial
3) Intermediate
Small Quantity: [Defined under Section 2(xxiiia) of NDPS Act] Means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette.
Commercial Quantity: [Defined under Section 2(viia) of NDPS Act] Means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette.
Small Quantity < Intermediate Quantity < Commercial Quantity
Carrier vs. Kingpin vs. Addict
The punishment for drug trafficking will largely depend on whether you're a carrier or a kingpin or an addict.
Small Quantity: Upto 6 months RI and/or upto 10,000 fine or both
Intermediate Quantity: Upto 10 years RI and/or upto 1,00,000 fine
Commercial Quantity: Upto 20 years RI but not less than 10 years and/or upto 2,00,000 fine but not less than 1,00,000 fine*
*provided that the court may, for reasons to be recorded in the judgement, impose a fine exceeding two lakh rupees.
[Note: RI - Rigorous Imprisonment]
Reasons for Gradation in Punishment
The Act envisages severe punishment for drug traffickers, but it envisages reformative approach towards addicts.
How is the Quantity Determined?
The quantity is calculated only on the basis of the actual content of the narcotic and does not take into account the weight of the neutral substance.
This question was answered by the Hon'ble Apex Court in E. Michael Raj v. Intelligence Officer, Narcotic Control Bureau, wherein the Hon'ble Apex Court was pleased to observe: "Under the rationalised sentence structure, the punishment would vary depending upon the quantity of offending material...Supposing 4 gms. of heroin is recovered from an accused, it would amount to a small quantity, but when the same 4 gms. is mixed with 50 Kgs of powdered sugar, it would be quantified as a commercial quantity. In the mixture of a narcotic drug or a psychotropic substance with one or more neutral substance/s, the quantity of the neutral substance/s is not to be taken into consideration while determining the small quantity or commercial quantity of a narcotic drug which is relevant for the purposes of determining whether it would constitute small quantity or commercial quantity."
Thus the Hon'ble Apex Court observed thus that the intention of the legislature for introduction of the amendment is to punish the people who commit less serious offences with less severe punishment and those who commit grave crimes, such as trafficking in significant quantities, with more severe punishment.
[Note: Now back to a bit of trivia. Hong Kong never had the death penalty for drug trafficking. It imposed death penalty in the usual cases, such as murder, etc. What's more, death penalty as such was altogether abolished on 23rd April, 1993. So Hong Kong would have never killed Sridevi for drug trafficking ... like EVER! In fact, she could have committed murder and Hong Kong would have still spared her life, thanks to the abolishing of capital punishment by virtue of Crime (Amendment) (No.3) Ordinance.]
---
Dr. Mallika Nawal, Advocate
[PhD, IIT Kharagpur]
mallika_nawal@yahoo.com
While Tom Alter in the movie informs the hapless girl that the punishment for drug trafficking in Hong Kong is death penalty (totally bullshit, by the way - You may read the 'Note' at the end of the article to know why), India thankfully has a "graded" punishment system.
It's kinda like school grades, i.e. the amount you study is directly proportional to the marks you get. Similarly, the amount of drugs you carry will be directly proportional to the punishment you'll get.
Let me explain how...
The Applicable Law
First of all, the provisions of the NDPS Act, 1985 were amended by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, which rationalised the punishment structure under the NDPS Act by providing graded sentences linked to the quantity of narcotic drugs or psychotropic substances carried.
Quantity: Small vs Commercial vs Intermediate
The amount of punishment will depend on the quantity of drugs found in your possession and is classified into either of the 3 categories:
1) Small
2) Commercial
3) Intermediate
Small Quantity: [Defined under Section 2(xxiiia) of NDPS Act] Means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette.
Commercial Quantity: [Defined under Section 2(viia) of NDPS Act] Means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette.
Small Quantity < Intermediate Quantity < Commercial Quantity
Carrier vs. Kingpin vs. Addict
The punishment for drug trafficking will largely depend on whether you're a carrier or a kingpin or an addict.
Quantum of Punishment
Small Quantity: Upto 6 months RI and/or upto 10,000 fine or both
Intermediate Quantity: Upto 10 years RI and/or upto 1,00,000 fine
Commercial Quantity: Upto 20 years RI but not less than 10 years and/or upto 2,00,000 fine but not less than 1,00,000 fine*
*provided that the court may, for reasons to be recorded in the judgement, impose a fine exceeding two lakh rupees.
[Note: RI - Rigorous Imprisonment]
Reasons for Gradation in Punishment
The Act envisages severe punishment for drug traffickers, but it envisages reformative approach towards addicts.
How is the Quantity Determined?
The quantity is calculated only on the basis of the actual content of the narcotic and does not take into account the weight of the neutral substance.
This question was answered by the Hon'ble Apex Court in E. Michael Raj v. Intelligence Officer, Narcotic Control Bureau, wherein the Hon'ble Apex Court was pleased to observe: "Under the rationalised sentence structure, the punishment would vary depending upon the quantity of offending material...Supposing 4 gms. of heroin is recovered from an accused, it would amount to a small quantity, but when the same 4 gms. is mixed with 50 Kgs of powdered sugar, it would be quantified as a commercial quantity. In the mixture of a narcotic drug or a psychotropic substance with one or more neutral substance/s, the quantity of the neutral substance/s is not to be taken into consideration while determining the small quantity or commercial quantity of a narcotic drug which is relevant for the purposes of determining whether it would constitute small quantity or commercial quantity."
Thus the Hon'ble Apex Court observed thus that the intention of the legislature for introduction of the amendment is to punish the people who commit less serious offences with less severe punishment and those who commit grave crimes, such as trafficking in significant quantities, with more severe punishment.
[Note: Now back to a bit of trivia. Hong Kong never had the death penalty for drug trafficking. It imposed death penalty in the usual cases, such as murder, etc. What's more, death penalty as such was altogether abolished on 23rd April, 1993. So Hong Kong would have never killed Sridevi for drug trafficking ... like EVER! In fact, she could have committed murder and Hong Kong would have still spared her life, thanks to the abolishing of capital punishment by virtue of Crime (Amendment) (No.3) Ordinance.]
---
Dr. Mallika Nawal, Advocate
[PhD, IIT Kharagpur]
mallika_nawal@yahoo.com
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