NDPS Act 21Chapter IV · Offences and Penalties
Section 21 · Punishment for contravention in relation to manufactured drugs and preparations
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1[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 2[one year], 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.]
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], 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.]
The offence at a glance
- Maximum punishment
- 20 years
- Statutory minimum
- 10 years
- Fine
- ₹2,00,000
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
Sub-sections of this section carry different penalties; the maximum is shown.
Under this Act's own provision
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