 Good evening, on behalf of Beyond Law CLC and Legal Legal Airlines, we welcome you all to yet another illuminating session where Dr. A. Vijay Lakshmi will take her to the entire gamut of offenses and penalties under the NDPS Act. As we all know that NDPS Act as a professional, there are a lot of takes as to how the offenses and penalties are there. Yesterday, when we were discussing about the topic, Dr. Vijay Lakshmi said that we can have an overview of NDPS. But as usual, we believe that holistic view can be undertaken. But if we can have an understanding of our practical aspects, that takes you to the predicament shift within the mindset. Dr. Vijay Lakshmi is a director in the School of Excellence in Law and Dr. Ambedkar Law, Chennai. Just before coming to the session, I had gone to Punjabi University and there was a Boots competition where I found that one of the students from Chennai had come though she is studying in the Global Genie. So I thought it is a fortuitous circumstance where we connect with Adi Lakshmi, Vijay Lakshmi and another girl from Chennai. So it seems it's totally Chennai Day and at the same time, it's a T20, we have Chennai Super Bowl. Over to you Adi Lakshmi to give the introduction about A. Vijay Lakshmi who has been the connecting point with us to help us to connect with good resource persons like Vijay Lakshmi and all. Over to you. Thank you so much brother Vikas and wishing everyone from down south Tamil Nadu. Today we are celebrating our Tamil New Year's Day on this auspicious day. I'm thanking my brother for inviting my most beloved friend Dr. Vijay Lakshmi and not only an academician, she was practicing law for eight years before becoming a professor of law. Had she been practicing law, she'd have been one of the friend-runner in the criminal jurisprudence. She has been presenting papers in many forums national and international level and a passion for law is to be seen. As an academician, I have seen her doing great. Recently they had conducted a program with the Medras Bar Association and advocacy programs for the students, which was well received and the Government of Tamil Nadu has given them the opportunity to take it forward much to greater heights. And she has been conducting many programs with the National Commission and State Commission of Women for the benefit of legal fraternity as such. On this note, I welcome Dr. Vijay Lakshmi on the Beyond Law CLC platform. And it's very happy that Legal Legal Zellite is partnering as a knowledge partner. Thank you and over to Vikas and Professor Vijay Lakshmi. Yeah, for you Dr. Vijay Lakshmi. Good evening everyone and as said by Vikas sir after a long time I'm connecting through this online. Not only with this big on legal size, but with any other online platform. So after this offline classes, we totally been busy into that and it gives me immense pleasure and privilege of connecting with this and again coordinating and join in associating with Vikas sir for this wonderful platform. Because it reaches a pan India and it gives me immense pleasure also and it has been decided very short span of time and this topic is very close to my heart so we will take it as a very interesting chapter what we are going to discuss today. So what we are going to discuss today is about exclusively about the offenses and penalties that has been covered under the NDPS Act. So NDPS Act is an unique act which comes with its both substantive and as well as the procedural law. Very rarely some special laws as the law which comes with an supplementary law which comes with the blend of both substantive and as well as the procedural law and NDPS is of one such kind. And NDPS law is also one of the law which comes along with the in part with the international convention also. You could see the direct implementation of whatever the international conventions which had been talked 1960s and 1970s which has been directly reflected in the NDPS Act 1985. So that's what we are going to discuss and said by Vikas sir when we had discussion yesterday. I told about sir shall we go for an overall view and sir is very particular ma'am let us go for any specific portion into it so that will be very fruitful for the audience and the participants. So we just constrained we limited our presentation today only with the offenses and penalties which comes under the NDPS Act. So let's move into the discussion sir will you please permit me to share the screen so that I could share the materials. And as we discussed that this NDPS Act without a brief understanding about some definition classes and some portions then only we can fully entered into the offenses and penalties. Because the offenses and penalties will have a direct link with some of the definition class and some of the procedural aspect. So for that purpose let us have a quick view about some of the important definition which had a direct relevance with the offenses and penalties. Then we can discuss about the offenses and penalties. And in the recent past in the recent scenario and not only in a national perspective it's an international threat to the international human mankind and internal security. So this drug or drug trafficking or a death related issues are posing a very big threat towards the international society and how come this act or how come the provisions of this act is going to be helpful for the either combating or preventing or prosecuting and punishing the person those who are indulging in this either processing or processing or sale or transport or trafficking with this. Hope my screen is sharing now whether you are able to view my screen. Yeah but nothing is forthcoming. No it's not forthcoming except that PDF files. Okay able to see that NDPS Act. Yeah we are able to see commercial quantity commercial quantity. Now the NDPS Act. So for the better understanding I'm just directly going into the act itself instead of giving you the PPT because this act need the actual terminologies and the actual definitions and actual term used by the act itself instead of our own understanding. So as I did the first itself a most important definition. At the end I will share this material also with you all. We need not to bother about it. So why we are giving importance to addict because this is only one law that speak about the welfare or the health measures or the welfare of the public or for the general interest of the public. Where it defined the person who is consuming that also generally drug addiction and alcoholism comes within the category of victimless crime because the person who is consuming or the person who is indulging into it is also the victim. Rarely it comes with other victims in that. So addict is a person who is a victim and who is a perpetrator with respect to this NDPS Act because consumption of any drug or any psychotropic substances imposes penal sanction. You could not see this in, you could not see this in either the prohibition act or the IMT Act or any other act where it speaks about the victimless crime. So here it speaks about addict. It speaks about dependency on narcotic drug or psychotropic substances. So dependence means it varied according to the facts and circumstances of the case if it comes in the later part we are going to discuss about the punishment for consumption of narcotic drug or psychotropic substances. With that it comes with some immunity also. So for the immunity purpose the term dependence is having the high interpretation over its application. So dependence it may be the primary dependence. Ma'am I think are you using some of the PPT or the SING because nothing except commercial quantity. Yes it's coming, it's coming. So either you are using that or it's just the philate right now. That is another thing. First let us start. I'll just share these definitions. I'll go to the part later. So this is addict and the definition for cannabis, coca derivatives and opium, opium popistra. So these are all the things where it directly gives the definition given by the international convention itself as because the international convention is going to speak it's going to act as a speaking order or the source for this NDPS act. So again international drug control board and the national drug control board or narcotic drug control board are having the same interlink with that. So they should have work in hand so that go for a scheduled drug controlled drug and the preventive drug. So these three drugs is having a very big impact over the punishment and as well as the penalties and as well as the converting an act into its particular action as an offense. And regarding this trafficking, it speaks about the cultivating also because it covers both the drug or this narcotic and as well as the psychotropic. So narcotic are the natural derivatives and psychotropic are the synthetic substances. So like as I discussed that cannabis it may be called in any name it may be Gunza or Charas or Helms or whatever it may be. So cannabis opium poppy or coca leaf or opium derivative or the narcotic drug which are the natural derivatives and psychotropic substances they're having the schedule at the end of this and to the manufacturing process they speak about and medical cannabis in some countries like Canada they have been lifted the ban on this cannabis because it is very rich in B17 which is also a medicine for curable medicine for some other terminal diseases also. And the opium even in India we are giving this opium as a medicine for asthma or any lung disease which is in a medicinal plant but it comes with some restriction into it. And this is speaks about the commercial quantity as I said by because the quantity here speaks a vital role quantity here going to make an important role as because there are three types of quantities. As I mentioned here it's about small quantity, greater than small quantity but lesser than commercial quantity and the third one is commercial quantity. So these quantities are a primary aspect or a determining factor where it going to speak about or determining the punishment. So within this small quantity or a greater than small quantity or lesser than commercial quantity or commercial quantity. So this has been fixed by the government every year or it has been prescribed the schedule itself. For example, if you are applying for any bail application or a disability bail application before the NDPS court or before the High Court, the first question that has been posed by the judges is about what is the quantity in one. Whether it is less than commercial quantity, it is greater than commercial quantity or it is a small quantity. So this is going to play a vital role in every it may be the offense or it may be the any other act which is going to be a vital part over here. And these are all the thing where it speaks about the subject matter of offenses and punishment. And with respect to this cannabis, not the entire plant is having this sedative character or which is going to give you the sedatives. The flowering part of the cannabis plant alone will act as a drug in the cannabis. So there are two types. Another part it is called as cannabis. Here maybe called as hemp or charras or ganja. So depending on some people will think that the leaves are having the sedative quantity. It is not that the flowering part or the tender part of the plant and cannabis plant is going to give the sedativeness or going to act as a drug. And with respect to this opium plant, so opium is about three aspect of opium is going to act as this either opium resin or opium poppy seed or opium plant itself. So in some area it is being cultivated in a huge quantity. It may be for the edible purpose if it is comes within the license or if it is being for a medicinal purpose. As I told you in most of the hospitals that may be medicine which is coming under this opium which is commonly called as Abin. In Tamil Nadu they used to call it as Abin. And the opium poppy seed, a dried opium poppy seed is going to act as a very high grade, high quality of this having the drug in character. And the third one is coca leaf and coca plant. So the coca leaf is having the drug effect where it going to. So for recently Bolivia is sending a request again and again towards the United Nations General Assembly as because UN General Assembly and the ECOSOC are the body who are been controlling this illicit trafficking of narcotic drug and psychotropic substances to remove the ban on coca leaf for the purpose of medicinal value or for any other thing. So these three plants either cannibals, opium and as well as this coca plant or coca leaf are the major aspect which comes within the offenses and penalties with respect to this particular chapter. And the quantity as I told you these are all the things and so with this again I just want to stress actually the offenses and penalty part starts from the chapter 4 and exclusively from section 15 of the NDPS Act. But some sections even not falls within chapter 4 of the NDPS Act will have the direct link over the penalties for example, ATA section 9 and section 12 where it says that any contravention of these provisions also falls within the punishable act. So the first one is section ATA and the section 8 also sometimes. So these two sections where it has the punishable portions relatedly at the end here. So ATA speaks about relating to property derived from offenses. So where you could not see this possibility of imposing penal sanction over the means derived out of the property except in IPC. So even in IPC you cannot have a direct offense or a direct penalty for any property arise out of theft or extortion or robbery or mischief. So here there was an exclusive portion later you could going to see that what is the punishment for section A. So where if any property that has been derived from commission of offense from section 15 to section 30 of the NDPS Act. Only these provisions is going to speak about the offenses and later portion from section 31 to section 40 it going to speak about the other processing of this punishment offenses and punishment. So section A speaks about what are all the prohibition that is going to be imposed on the property that has been derived from the offenses committed which is going to be. And here they mentioned about the three category of activities one is actual commission the second one is either suppression or concealment or conversion or hiding all those things. Sorry. So it got disabled. Okay. So the third one is about the property either it can be acquired directly or through any other means because there is one provision what we are going to discuss here in section 30 where it speaks up. In section 27 it speaks about either the licensing or their servant if they would have come with any offense that also falls within that. And the next one is about section 9A where it speaks about where the power of the government to regulate the substances. So as I told you if you look into the final part of this NDPS Act there you could see the schedule. The schedule is the thing where it may change from every calendar year depending upon the offer and demand in the international community or in the national perspective. So what are all the substances which are in controlled substances last previous year may not be continue in this calendar year or what are all the substances which are all not in the previous year may be a controlled substances in this particular year. So for what purpose the government can change this controlled substances every year is that when there is a need for any medicinal research or for any invention of medicine. For example during this COVID everyone all the medicine pharmaceuticals microbiologists and the biochemists has been indulged in discovering or inventing and a vaccine for this COVID-19 virus. So in such a case if any demand has been made to the international drug control board as well as the national drug control board to remove or to rework any substances from the controlled substances list. So when the government is having power to issue license to provide to give authorization or permission to go for any cultivation or production or manufacture or for transport or export or import or sometimes to sale or to purchase or to consume or for storage or for distribution or for disposal also. So if there is any contravention please note it down section 8A and section 9A because when we enter into this actual offenses and penalties, there are some provisions where it have the relevancy with this this particular section and section 12 again again and the most important provision where it speaks about restriction on the external dealing with the narcotic dragon psychotropic substances. So what about this external dealing? For example I am a person who applied for an license or authorization or permission either for cultivation or for manufacture or for processing or for producing any drug or cultivating any drug. So in case if I am misusing or I am going beyond the authorization or going beyond the permit what it has been actually given by the control concern authority. So that is the restriction over the external dealing coming under section 12. And section 13 and 14 very particularly speaks about two drug one is coca plant and another one is cannabis because cannabis again whenever there is any demand to convert the cannabis from either scheduled a drug or controlled a drug or prevented drug into a medicinal thing then it has to come with the provision to make it today. So let us enter into the actual offenses and penalties. So as I told you what are the important provisions or what are all the important offenses. So the entire offenses is going to depends on only three categories. From section 15 to section 30 you could see the punishment only on these three category one is the quantity and another one is a drug and third one is the person who is actually indulging. So if it is a small quantity what is the punishment. If it is a moderate quantity which means greater than small quantity but lesser than commercial quantity what is the punishment. What is the punishment for the offense involved in a commercial quantity. So it is a standard punishment for each and every category but the substances may differ if sometimes it may for cannabis sometimes it may well it may be for opium it may be for coca plant also. Whenever there is no the determination of these three categorization they will directly go to the third category which means the commercial quantity which shows the gravity of the offense. So for small quantity for example the provision which speaks about the punishment for matters relating to poppy straw opium poppy straw as I told you. So the opium poppy is having three parts of the plant which is having having this preventive action one is the actual poppy the third second one is the resin or the poppy straw the third one is opium poppy seed. So with respect to this opium poppy straw if it is where it has been either cultivated or produced or in a possession or in transport or export or import it may be a sale or purchase or even consumption. So whoever who is either violating the condition or violating the license or violating the authorization or without any authorization or license indulging this activity. If the seized opium poppy straw so for search seizure arrest there is a special chapter unique chapter where it speaks about the procedure. If any such poppy straw has been seized by the authority which has been empowered by this act. So the first challenge that involved in prosecuting the offenses under the NDPS act is the quantity. So at the time of ceasing the quantity when you go for waiting that going for measuring the quantity that would be the quantity when it comes for the trial. Because in NDPS act it won't come to the trial at the ease very quickly it will take more time. So by the time would have been dried part will lessen the measurement or the quantity of the particular substances. So here the law says what is the quantity at the time of seizure would be the quantity even the time of trial also. So while ceasing opium poppy straw. If the weight shows above or below or a small quantity. If it is a small quantity the imprisonment which comes under NDPS act is all are rigorous imprisonment. There is no question of simple imprisonment here. The first one is rigorous imprisonment and the second one is for the second category and third category default and a mandatorily fine will follow along with imprisonment. Only for the small quantity fine or may not impose. For example for small quantity if the quantity or if the substances involved is a small quantity then the punishment may extend from up to one year and the fine which may extend to 10,000 rupees. So here that you could see the term are for the small quantity only you could see the term are for greater than small quantity and the commercial quantity you could see the term and which means it is a mandatory penal sanction that the imprisonment should come along with the fine also. So for opium poppy straw either if the seized opium poppy straw or the offense involved opium poppy straw is a small quantity the punishment may extend to one year and the fine may extend to 10,000 rupees. If it is a greater than small quantity and lesser than commercial quantity the punishment will jump to the next level which means the punishment rigorous imprisonment may extend to 10 years and the fine which may extend to 1,000,000 rupees. The third sentence would be if it is a commercial quantity the imprisonment would be the minimum sentence also prescribed and the maximum sentence also prescribed minimum is 10 years and maximum is 20 years and the fine is minimum is 1 lakh and maximum is 2 lakhs. Along with that the act gives discretion to the presiding officer to go for even more than 2 lakhs also but they have to give the proper reason. So for this reason there is an provision under section 33 where you could see what are all the factors to be taken into consideration for going a maximum sentence when the minimum sentence is prescribed fine. So the third category alone the law and the act provides discretion and an extra powers to the presiding officer even you can go for more than 2 lakhs rupees right but you have to give reason for that. And with respect to this coca plant and coca leaf you could see that comparatively cannabis, opium and coca, coca is having a lesser impact rather than this cannabis and opium. For coca related contravention for coca leaf or coca plant related offenses and penalties there is no these three categories it will directly move on to the third category sorry second category itself which means 10 years extension of imprisonment for 10 years and fine of rupees 1 lakh. So there is no small quantity or a greater than small quantity or commercial quantity. So the only one punishment with respect to coca plant alone. So we can interpret that comparatively coca plant is having a lesser impact than the cannabis and the opium. And again if you come to the opium related the same punishment has been followed small, greater than small and the commercial quantity. And with respect to this imprisonment this section 19, section 24 and section 27A of the NDPS Act is having a or it is it may have the character of very grievous in nature very serious in nature. Because section 19 which is going to speak about imprisonment which are about the opium cultivator. So and another provision section 24 speaks about financing for illicit trafficking. So these two provision is having or it going to speak about the impact of financial assistance for any illegal activities. If you could see that internationally or if you could see in the United Nations Office of Drug and Crime UNODC where there is a direct impact but there is a record to show that illicit trafficking of drug is an easiest way for fundraising agency. It may be for any purpose, it may be for terrorism, it may be for a privacy, it may be for any international crime or it may be for any armed conflict. So what are it may be drug trafficking or illicit drug trafficking is one of the easiest method of this fundraising. So for the purpose only imprisonment of particularly they speak about one drug only it is not about cannabis or it is not about coca it is about opium cultivator. So section 19 is very particular that imprisonment of opium cultivator alone. So for example I got a license for cultivating opium for the purpose of medical purpose or for edible purpose or for research purpose but I am not submitting any proper records or I am misusing the profit out of this opium cultivation or if I am illegally dispersing the opium because I am being given permission to cultivate only up to this quantity of opium and I am illegally going beyond that particular amount or a particular quantity of opium or I am being authorized to cultivate opium in a particular place but I am going beyond that place and cultivating opium. So in such a case either not accounting properly or giving false account or going or contravening the license or permission issued to me for cultivating this opium that is a most serious offense which has been coming under section 19. So here it speaks about the third category of punishment directly which means punishment not less than 10 years but which makes into 20 years and fine which may not less than 1 lakh which makes into 2 lakhs and it is the description of the presiding officer can go beyond 2 lakhs also if there is a proper justification is there towards the why I want to go for more than 2 lakhs also. So if you could see section 19 or from section 15 onwards the third category it does not limit the imposing of fine more than 2 lakhs depending upon the factors what we are going to discuss later. Depending upon the factors involved they can go even imposing of 10 lakhs or imposing of 50 lakhs also it depends upon what was the quantity involved what was the substances involved into it. And relating to the next one is section 21 it is about manufacturing of drug and its preparation. So this where we can impose directly where we can relate that the psychotropic substances because psychotropic substances are synthetic drugs. Everyone knows that it may have the chemical names it may have the chemical composition the very famous very well known psychotropic substances most of the cow syrup or psychotropic substances. So it may be the benadryl or it may be the any name so the drugs which are all having the seditious nature seditious character sleeping pills, cow syrup, painkiller and the chemical substance is used to give the anesthesia all these things are all the psychotropic substances. That's what you could not go and easily get a sleeping pill in a medical shops or any pharmacy they are asking for the registered medical practices prescription and you can't go and buy more than one or two tablets together you can't buy in bulk. And most of the time you could see there are various explanatory videos if you burn the cow syrup it will give a effect like if you burn a wine in preparing some cakes or any confectionery or any other. So this preparation or manufacturing comes under section 21 of the NDPS Act where we can directly relates with this psychotropic substances and here they are not in the schedule you could not see the actual names of the drug but only the composition of the chemicals. Very rarely you could see that the medicine names of the medicine where we are coming across like this sleeping pills where you could see and painkillers like ectano or this Novamax all those things are also drugs which are all been having the sedative substance sedative nature. So section 21 speaks about the manufacturing of drugs and its preparation process if you are violating that suppose I am a pharmacist and I am having the license or I am a person from a company I am having the license for manufacturing of some particular drug. So you could see that recently during this COVID-19 drug company which is manufacturing Dolo 650 or Paracetamol has violated the rules and the government has imposed several crores of rupees as fine under section 21 of the NDPS Act because it contributed the manufactured and the preparation of the drug. And there was an even ban also during COVID no one should easily go and get the Paracetamol or Dolo 650 which is very common and which is very casual drug very used to use for our either headache or fever. So in such a case if the situation necessitates the national drug control agency and the international drug control commission or communities having rights to control the substance. So section 21 speaks about the psychotropic substances and section 22 it is section 21 is the preparation and its processing. Section 22 is the actual and the section 23 speaks about the import and export. Why they are speaking about this particular section is that so for example recently we conducted I was invited to give a legal aid talk in the prison for both male and female prison. In the female prison we could witness not less than 10 to 12 prisoners from other country under this NDPS Act. So importing drugs it may be not got the drug or psychotropic substances from there to here. So this act does like you can put if you could see in the application scope and extension and application of the NDPS Act. Anyone who is contributing or who is committing any offense under chapter four of the NDPS Act are covered under the NDPS Act irrespective of the nationality. So we could see that various very commonly very just like that you could see that people from African countries, people from Sri Lanka, people from Bangladesh, people from the Northeast those area. They are being indulging in this illegal trafficking or illegal import or export or trans shipment of this either narcotic drug or psychotropic substances. So section 23 speaks about this cross border transnational crime of this drug traffic because where for this we cannot go and file any case in the ICJ or anything according to the convention. So the NDPS Act gives powers to the local jurisdiction domestic jurisdiction to prosecute the person those who are indulging those who are indulging in importing of narcotic drug or exporting something from or importing from other country exporting from India and importing from other country and a trans shipment also for the substances again the same tree quantity is going to speak there. And section 24 as I told you that's what I gave example in section 12 as I told you again noted down section 19, 24 and section 27 is having a very big and a very serious effect. So 24 is that punishment for external dealing which is in the contravention of section 12. So I got an authorization, I got permission and I got a license for cultivating or for processing or manufacturing this drug but I am not going through or I am not following the condition that is imposed the time of granting the license. So for example, I've been imposed to condition that I should not transmit or I should not export the what are the substances I have completed the process here in case if I'm going that if I'm doing that if I'm contravening the license that has been given to me instead of that I am exporting or I am transmitting that the substances from India to other country I am coming under the punishment under section 24. So 24 is the punishment for violation of section 12. So section 12 speaks about what is the restriction on external dealing. And if the restriction is violated, then punishment is available in section 24. What is the punishment that is available in section 24 is that which is punishable, not less than 10 years which makes 20 years which means very serious in nature. They will directly move on to the third category irrespective of the quantity involved. So section 24 doesn't bother about the quantity. I am going beyond the condition, beyond the permission, authorization, license or anything else. So I'm directly going to face the punishment which is the third entry in category which is the punishment for commercial quantity. So punishment is not less than 10 years but which makes them to 20 years and to find which may not less than 1 lakh but which makes them to 2 lakhs. The same thing if it is possible, the presiding officer can go for even more than 2 lakhs also. And 25 and 25 yeah, again having a very lesser impact on this. So 25 is that like giving the premises for committing these offenses. So committing these offenses including cultivation also. Suppose if I'm owning a land and I'm giving my land for cultivating cannabis or opium or coca leaf or coca plant. So I am coming within the library. So it may knowingly or unknowingly will fix on the presumption part where it is also there and culpable mental status part it is also there. So unless the contrary is proved the presumption here is shell presumption under the NDPS Act it is not main presumption, it is a shell presumption. So even though I stated I don't, I doesn't know that I just lease the property or lease a land for this person for cultivation of either maize or a sunflower or any other plant. I doesn't know that he is cultivating but I have to prove the mental status or I had to prove the contrary that it is not under the knowledge of it. So section 25 speaks about illegal usage of premises for commission of this crime. So this is cultivation or it may be for storage. If any of the establishment, any of the storehouse or any of the barrows or any of the house which has been even a room, even a small room which has been or even a cupboard, even a bag which has been used or when my vehicle is being used for conveyances. So here there are two types of transshipment. One is trafficking, another one is the second one is peddling. So drug peddling is within a short distance and trafficking is from between country to country. So some people may use animals also for this drug peddling and drug trafficking. You can see in hill station or in those areas. So there they can very commonly or very casually use the animals like donkeys, horses, sometimes pigs also for transmitting or transporting the substances, contravenous substances. So any room or establishment or land or any place or any conveyance is my tubular or a cycle or a car or a lorry or whatever it may be. So any conveyances including animal, the person who is owner or occupier are having control. So these three person are coming under the liability. So I cannot easily move out of the liability as because I'm only the occupier or I cannot easily move out of the liability as because I'm only the person who has been there as a tenant over there. So either the owner or the occupier or the person who is having the control. So that's for animal purpose we can use this. So all this person comes under this punishment for alloying premises and the punishment they indirectly express that for what type of offense the premises has been used. The offense for that will directly applicable for section 21. For example, if it is cultivation of cannabis. So section 25, red with section 15, red with section 25, contravention of cannabis. So section 16 or section 17, red with section 25. So for what the premises or anything has been used, that will be the punishment for using the premises also. And punishment section 25A is punishment for contravening section 9. That's why I just mentioned earlier itself. So what is section 9 is that any restriction that has been imposed by the government for it may be manufacture or process or it may be for preparation. It may be for sale or purchase or a transmit or a consumption. So that's what I told you. I gave an example of this Paris and other thing also. So if section 9A doesn't prescribe you the punishment and section 9A doesn't show you that it is an offense. But section 9A is a substance and if that substance which means the subject matter and the subject matter would have been violated. Or would have been overruled. Then section 25A will have the impact of imposing punishment. So the punishment for us is the second category, which means greater than small quantity but less than commercial quantity. Which means punishment up to 10 years and fine of rupees 10,000. Sorry, 1 lakh. So this is the punishment for violating the restriction. And section 26, again it is a very less serious. It doesn't have any big impact. Which means we can take it as a vicarious liability. Where the licensee or the agents or the servants or the person who is in charge of the particular place. Who is the accountant and who is the person taking care of the land. So these are all the things comes into section 26. And section 27. This is the most important provision. Where it imposes penal sanction for this narcotic drug or psychotropic substance. We have cigarette act. We have prohibition act. And we have drugs and cosmetics act. And we have opium act. So in all these act where you can rarely find where you can rarely see punishment for consumption. Even for the prohibition act nobody could see that consumption of alcohol is a punishment. It says that selling of alcohol below the age of 80 is punishment. But it never says that consumption of alcohol is punishment. But section 27 says consumption of any of the narcotic drug or psychotropic substances is a punishable offense. For this purpose they prescribed the names also. So for example if it is a cocaine. Or if it is in case of psychotropic substances. For example opium or coca. It may call this erythrozyla. The chemical name if it has been a converted form comes into the chemical form. It is called as erythrozyla. So in such a case either morphine. Dicital morphine. Morphine you all know very well. Like dopamine, morphine, pathodine. And these are all the substances are just having a very sedentiveness for a chloroform. We know very well that some people will sniff the chloroform by mixing it in any cloth or any torch or anything. They used to snuff in it. And some people is having the, used to take morphine and dopamine. And this diacetylate morphine is also some kind of psychotropic substances. So if they are consuming the drugs which are all been in a prevented drug by the government. And they are coming under the liability of punishment which may extend to one year. And fine of rupees 10,000. Which means the first quantity, the small quantity punishment will be there. Other than these substances. Which means like cocaine or churals or hemp or cannabis. So other than cannabis or morphine or any other diacetylate morphine or sub-schedule drug. The punishment is six months one day. And fine is only 10,000. So for these two, section 27 is having an immunity. And the section 27 is application of victimology also. As being a perpetrator and victim or the one and same person. It gives the immunity. If the person come forward for deaddiction process or rehabilitation process. They need not to serve the sentence. It may be for one year, maybe for six months. It is there. I'll give you a section also. And the section 27, again a very serious offense. Which is financing for illicit trafficking and the harbouring. So here financing includes national and international perspective. And harbouring includes national and international perspective. So here it may be. That's what I gave a clue earlier itself for embezzlement. So embezzlement is a very big effect on this illicit or illegal fundraising for this. All kind of illegal activities national or international organised crime like terrorism piracy. And other nature. So section 27A which speaks about the punishment for this financing or illicit for illicit trafficking. Or for harbouring the offender. So we know we all know very well about what is harbouring. Which is punishable. The punishment is third category, which is the punishment for commercial quantity. Will be the punishment for illicit trafficking. Irrespective of the quantity of the substances there. Though you have financed for small quantity. Though you have financed for second quantity. Nothing would be spoken there. The punishment would be the third category. And section 8A already I gave you. Which means the property which is derived out of this commission of offense. So it is the punishment is only three years. And fine is about only 10,000 rupees. Because confiscation is there. Along with confiscation is three years of imprisonment and 10,000 rupees of fine is also there. And as usual punishment for attempt and abetment and the conspiracy is also there. For attempt for what offense it has been attempted would be the same. Like section 511 of IPC is equally applicable in section 28 of the NDPS also. But with respect to abetment and conspiracy. Here it is either you may abet it somewhere else outside India. Or you are abetted within India to commit an offense outside India. So it speaks about both abetting outside India to commit an offense within India. Abetting within India to commit an offense outside India. So both the offenses has been filed under section 29. Which imposes the punishment. And 30 speaks about the preparation. So here attempt is something different. And the preparation is something different. If you could see the, to convert an activity and a punishable offense. You need the criminal elements of the criminal act. Which means menswear, attempt, preparation, act as we as, hurt and punishment. We need the seven elements. So here NDPS was very explicitly and expressively mentioned about each and every elements of this criminal act in 10. They speak about the, I will give the section for criminal mental capacity or mental status and presumption. So menswear would be there. Attempt to be discussed. Preparation is also there. Commission what we are discussing and the punishment also. So preparation, anything. So here preparation, they are very serious and they are very particular about the three provisions. Section 19, 24 and 27A. So 19 imprisonment, 24 is external dealing and 27A is this financing or illicit. So illicit trafficking. So more particularly if any preparation for these three crimes. And if it is for a commercial quantity, the punishment would be not less than one and a half minimum or one and a half maximum. So depending upon the quantity, even preparation, even without fulfilling the offense. So even if the offender is in between the offense, mental status is there. You started to prepare for that in between you caught hold. As because it has not been completed, the offender under this NDPS act is not going to be let freely set out freely. They have been coming under the Bureau provision for the prosecution and punishment and a section 30. So depending upon the involvement, it may be one and a half of the maximum or one and a half of the minimum. And as I told you, what are all the, whether they can go for enhanced punishment. There you cannot see this type of provisions either in IPC or in any of the penal acts or any of the special act under the penal code or the criminal action for any expressive provision for enhanced punishment. But NDPS speaks about the enhanced punishment for subsequent conviction, because it speaks about residency also. So subsequent conviction means there an offender again and again committing the same offense, though he got punished already. So for this particular thing, where they speak about enhanced punishment for repeated offenses. So for the subsequent offense, who already convicted, who already served the sentence coming out and committing the same offense, again caught hold, again prosecuted, again convicted. So the second time if it has been it is the punishment would be enhanced by one and a half time greater than the previous one. And the fine is also being extended by one and a half. The same thing if even if it is committed extra territorial jurisdiction of India also. And next to Poxo and death sentence has been imposed for a special act under the criminal justice system is only the NDPS act. Where you could not see death sentence recently in 2019 only, we got the amendment under the Poxo act for imposing death sentence that to retrospective effect. But even prior to that even before that itself NDPS act prescribes death sentence in 1989 itself for subsequent offender, not for all offenses. Again section 19, 24, 27, 8. Already they got convicted, already they have served the sentence and come out, came out and indulge the offense again. And again they have been convicted, going to convict if they are involved either commission, abutment, conspiracy, preparation, transport, selling or whatever the nature may be. So for this they have given the types of substances itself like this opium poppy or it may be because that was the thing which has been mentioned in section 27 also. Opium, morphine and cannabis or then LSD we all know very well, very popular drug which comes within this LSD and other chemical composition. So for this if any person already convicted and it is second time who is involving in with the commercial quantity, the punishment is along with that 31, that is not less than 20 years but which may also extend up to death sentence also. So this is the only special act next to the Poxo where it imposes death sentence under section 31A. And section 32 is like 120A and B or section 511, when there is no punishment is prescribed for any offense, the punishment will be 6 months or fine. And another gravity of punishment under NDPS act is it prevents two concepts, one is no commutation, remission and suspension and no release on probation under the NDPS act. So for this no commutation, suspension and remission, after this Verma commission report and after this criminal law in 2013, this suspension, remission, commutation has been prevented only for sexual offenses. And section 326A and B, not for all offenses but NDPS act even more than that even in the year 89 itself, it says no commutation, no remission, no suspension of sentence for offenses under these provisions. So there is no suspension for this. And the next one is no probation also. Probation is permissible only for section 27, which means for consumption being the first off under, other than that there won't be probation. And section 32B where it like a section 32 and 33 or 31 of the IPC speaks about factors to be considered for judgment or we can commonly called as mitigating or aggravating factor. So when we discuss about imposing fine more than 2 lakhs, I told that it is a discretion of the presiding officer. On what aspect the discretionary powers can be imposed is answerable is answered in section 32B where it says what are all the factors where a court can take into consideration for enhance the fine or enhance the minimum punishment. They given five to six factors. One is if the offender use any violence or any threat or any arm by the person is tried to be searched or conduct a seizure or arrest. So in these circumstances if they use any violence or threat or any arm. The third one, second one is if the offender himself public officer and misusing the position. So he may be the here public officer means having the same meaning of section 21 of the Indian penal code because here it doesn't speak about the public officer. And in addition to the section 21 of Indian Indian penal code officers who are all authorized under the next chapter for conducting procedure for conducting search seizure arrest. They are empowering paramilitary forces, get rid officer, drug control officer, NDPS officer. So all those persons of executive magistrate they are also having the power. So they are also coming under the public officer category. So first one is usage of violence. Second one is the offender being a public officer and misusing the office. And the third one is the offense directly affect the minors. If any minor who is below the age of 18 years got affected out of this offense committed by the perpetrator, then maximum can be imposed. Next one is offense committed near or the immediate vicinity of educational institutions and social service facility center. So for example, it may be the refugee center, it may be the observation home or it may be the children's home, or it may be the colleges. So near the education institution, if any of the offenses like the selling or purchasing or manufacturing or transporting, if anything committed, but also another reason. And the next one is while the person who is committing offense is a member of a national or international organized group, organized criminal group, then maximum can be given. And last one is while committing any of the offenses under Chapter 4, he is committing other illegal offense also. For example, he is cultivating or he is manufacturing or he is transporting the drug. While transporting the drug, he is committing either robbery or either theft or committing any voluntarily hurt, causing grievous hurt. So while committing the offense, he is committing or involving any other illegal activities. So these are all the factors where it gives way or gives powers to the presenting officer to go for maximum sentence, irrespective of the minimum sentence. And where usually the court will not ask for bond from the convicted person, but this Act, NDPS Act is giving power to the presenting officer asking a person to submit a bond for his undertaking that he will abstraining him from commission of any offense. So this bond is for three years. So he should executing a bond for at the time of conviction that he will not commit the offense or abstraining the person from committing the offense and the bond is for three years. It is a very rare occasion you could see along with the conviction asking for submitting bond also. And Section 35 and Section 37 are the important provision it speaks about the mensria that is presumption and as well as the culpable mental state. As I told you, here presumption is shall presumed. Once the offense has been taken into cognizance by the special court which is coming in Section 36A, if the person is taken into cognizance, the court shall presume the existence. But it is the burden of the or the owners of proof is on the perpetrator side to come and or disprove the presumption or come and prove the contradictory and to come out of the charges made against him. So here the mental status culpable mental status under Section 37 includes three character, intention, motive, knowledge. So the knowledge includes reason to believe or good faith what will it be? These three factors cover under this culpable mental state and the court must be the special court. All the NDPS related cases should becomes only before the NDPS court. We are all very well. Even in Chennai also we have two courts, one is special court, principal court and additional court. And the court is the equivalent to the sessions court. And the person, the presenting officer should be appointed who is holding a, who is having the capacity to be appointed as a principal session judge or a session judge of the sessions court. And the offenses coming under this Chapter 4 is cognizable and non-vailable. There is a, again, let me connect the charger, there's two minutes. So the offenses under this, for this compensable and non-vailable, now we all had that regarding this arrest and the protection would be the same as that of this CRPC. But there is a slight modification under Section 167 CRPC. In 167 CRPC it speaks about if the investigation not completed within 24, sorry, within 60 days or 90 days mandatory bail is there. There the limitation period is 60 days or 90 days. But under the NDPS Act, the limitation period is common, irrespective of the nature of the offense, what it has committed, it is 180 days. So instead of 90 days, it is the investigation period given for NDPS authority is 180 days. If it is crossed 180 days, there shall not be a mandatory release on bail just like CRPC. And here as that of 167, the JM or MM can also send a person to judicial custody for 15 days. But this is exceptional case where they are possible to approach the special court immediately. They can produce before a MM court. But next hearing as you should, they can produce before the sessions court only, the special court only. And for the executive magistrate, it is 7 days as usual, what has been mentioned in the consent thing. But here instead of 90 days, here it is 180 days. So if the investigation not had completed within this 180 days, the perpetrator or the person arrested shall not ask for bail as a matter of right just like the 147 plus 2. The court will automatically extend the detention period even afterwards also, though the investigation not completed. And as usual, we have appeal against the order of conviction passed by the sessions court where we can go before the high court either by way of appeal or revision. And we can go before the Supreme Court also. And this act is having a transnational provision irrespective of the nationality. This act is applicable to all persons whoever committing any offense within India. And regarding this, which means publication where, as I told you section 27 is having the pardoning, not a pardoning, rendering immunity towards the person who has committed this offense of conception. If they came forward for deaddiction, and if it is of the opinion of the court, even the court also can take initiative instead of sending the person to prison being at tender age, first off and within 21 years of age. Instead of sending the person to prison, if the court feels that we can send the person for deaddiction center, the person can also be sent for deaddiction center. And he has to undergone the process fully, the entire cycle fully and the report has to be sent to the consent court. If the person withdraw from him from the process of deaddiction in between, the tender will be revoked and he will be sent back to the prison so that then this court is empowered to publish the detail of person who committed the crime. What is the nature of the offense? What are the substances involved? What are the facts? And what is the conviction if the offense is committed by the companies? Because it includes genetical bodies also, along with an individual, they are imposing liabilities on the companies also. So, if the court feels that it has to be published, yes, at the cost of the, at the expenses of the person who committed the offense, the same shall be published in daily newspaper, television or any other medium or any other media to publish everything. So here you cannot talk about privacy or you cannot talk about what would be the person, whether we can expose the identity of the person, nothing can be involved in it. So you can publish the name, their fact and the substances involved and as well as the conviction also. So this can be, but this shall be published after the period of appeal, not immediately the conviction passed by the trial court. So this case, this also the powers that has been given to the trial judge not by the appellate judge. So these are all some of the important provisions and as well as the, sorry, and as well as the other things covers under section NDPS Act. So overall view, if you want to shrink this into a very, within a short thing, I gave an, I just prepared, okay, so I'll share that material in the group also, a chart regarding the offenses, penalties and the fine and as well as the quantity. Giving you the rights for sharing of PPPT. Yes sir, if you just share that I will share the. So that's allowed, just check it out. This is the chart where you can see that what are the offenses, penalties and the sections and I will share this to you and these are all the quantities. So what the names of the drugs and what all comes in a small quantity and what all comes within the commercial quantity and this quantity or also been, this has been published by the narcotic control board also every year or maybe sometimes it may be the fixed one because the quantity very rarely may change again depending upon the demand and the requisition from the public or from the medicinal purpose on the research purpose, they may change that the change may not be very drastic change very minimal change will happen. So these are all the quantities. I'll show the actual quantity that has been published by the concern authority itself. So this is the notification where it has been published with an narcotic control board regarding the small quantity and as well as the commercial quantity. So if you could see the psychotropic substances names or being the chemical composition like you could. The way originally it was being opened up. That's why I need to also read just you have to click that commercial quantity PDF. So if you want I will share that sir. That we will do but once the participants are watching you can show that. I'll just show. So some drugs you are very familiar with that but without the psychotropic substances we are using that like pentatol. Pentatol is a very common drug which is meant for a person who are drug addicted where they will give the pentatol to make them calm when they are very aggressive. And morphine and the pathodine and dopamine that have been taken unless otherwise you are an expert in how to take and what would be the limit of taking those drugs. So and other than that cannabis and opium are very commonly used narcotic drug by most of the people and sometimes it may be even like a tobacco. Now tobacco everywhere you are for example if you go through this cigarette act and the latest amendment of cigarette act for 2018. Out of this only we got to where they gave an order to the censor board asking all the media personals to go for a scrolling that smoking cigarette is injurious to health or consuming alcohol is injurious to health. Along with that I think we have to made a requisition from the narcotic control board to the censor board of the film industry and the media industry to go for scrolling for this consumption of narcotic drug and second system is also dangerous to health. So these are all the modifications coming from time to time with the help of the cigarette act and the amendment of the cigarette act. And this was happening in 2018 where the central ministry of health department imposes that they want a modification that we are we are coming across. So these are all the important provisions where we have to discuss about this offenses and penalties under this narcotic drug and psychotropic substances act. So when we are being a practitioner or being a research scholars or an academician, only three things that we have to keep in mind the substances, the quantity and the gravity. These three is going to play a vital role in getting the penal section. So, yes, I will show again the chart is so these are you could see the cannabis and the cannabis listen, which is terrace or hashish. So they were very clear that nowhere it has to escape by way of using different names of the drugs. So you can see coca leaf, Derivator and Coca Maxon and you could see erythromycin also somewhere. This erythrozylum is nothing but coca plant and you could see ganja if it has been used and you could see heroin. Heroin is also called a diacetate morphine, the chemical name of heroin is diacetamide. That's what I just mentioned the common name sometimes you could not see. So this keto bobidamine is a pain killer that is ketone or Novamax, then you could see that morphine. So again, then opium, opium derivatives, pathodin. So this phenopharpidine is also used for this thyroid related thing, poppy straw. So these are all some of the drugs where it gives, so sorbetol. So sorbetol, I think you all know very well about this sorbetol. Then these are all, if the medicine ends with the zepam, it is sleeping pills. Gamma zepam or diacetate, diacetate form is a very commonly used sleeping pill. And ketazolam, loprazolam, then somewhere you could see this barbita. So those are pain killers, isobarbita. Sometimes it may be like, what to say, I'll just share if I come to mind, I'll share with that. So here after even when you are using this cough syrup, then we are taking some psychotropic substances. When we are taking pain killer, we are taking some psychotropic substances. So we have to be very cautious in all those things. And when this international or the offenders, those are foreign offenders coming under this NDPS act. What is the major challenge that they are facing is that it is not possible for them to get a proper advocate. So some of the advocates are not taking it very seriously in getting justice for them or even getting some steps to meet their family members or something else. So in any case, if any one of you are the legal advocate or the person, those who are appearing for these like an probation type of advocates, kindly take some special steps towards the foreign offender, those who are coming within this narcotic drug and psychotropic substances. So when you are visiting prison, definitely you could have come across minimum two to five offenders, those who are falling under this NDPS that took from the foreign offenders. So these are all the things comes under this NDPS act, more particularly about the offenses and penalties. And you could see comparatively, you could see the names of the drugs in narcotic drugs, but not the names of the drugs under the psychotropic substances. Because the chemical composition changes, the name changes. The chemical composition changes, the character changes. So 12 provisions which deliberately speaks about punishment for psychotropic substances other than that, it is about the drug and the drug category. So with this, if you have any discussion or anything want to share, now it is open for the participants. After hearing you after such a long time, it was felt that we should have brought you earlier also. Somehow we requested, we couldn't connect it. I will see as to whether we have some questions. I will just check it on the YouTube. So on YouTube also, without that you have illustratively explained. So we are too glad. I will see if Adi Rakhshmi is there. So thank you ma'am for sharing your knowledge and that too, such a short notice. Thank you so much. It gives me an immense pleasure also after a long time I'm joining and I hope that I will continue frequently in the platform. The bird eye view of the NDP side because I wanted this particular part to be very quick and then we will do the bird eye view. Now people will have a hand of it. Thank you everyone. Thank you. Thank you all the participants for your patience and wishing you all are very happy. On behalf of Foresight, as I said by Mahadeesh from today we are celebrating our new year. Wishing you all a happy Ambedkar Jayanthi and a Tabernan New Year. Thank you so much for all. We also wish Dr. Ambedkar Jayanthi as well as we have Bisaakhi out in Punjab. So happy Bisaakhi everyone.