INTRODUCTION

The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) prescribes strict punishments for offences involving opium, cannabis, manufactured drugs, and psychotropic substances. Sections 18 to 22 specifically deal with contraventions related to these substances. The law classifies punishment on the basis of small quantity, commercial quantity, and any other quantity falling between the two.

 Section 18 – Contravention in Relation to Opium Poppy and Opium

Let's understand the substance first as defined under section 2 (xvii)

Opium Poppy (Section 2(xvii)) : The opium poppy is mainly the plant Papaver somniferum L. It also includes any other Papaver species recognized by the Central Government as capable of producing opium.

Opium (Section 2(xv)) : Opium is the coagulated juice of the opium poppy, including mixtures with neutral material. Small medicinal preparations with less than 0.2% morphine are excluded.

Punishments

Whoever cultivates opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State, or uses opium in contravention of the Act, rules, orders, or licence conditions shall be punishable as follows:

Section 19 – Punishment for Embezzlement of Opium by Cultivator

Any cultivator licensed by the Central Government to cultivate opium poppy who embezzles or otherwise illegally disposes of any part of the opium produced shall be punishable with:

• Rigorous imprisonment for not less than 10 years and up to 20 years, and Fine of not less than ₹1 lakh and up to ₹2 lakh. Court may impose fine exceeding ₹2 lakh with reasons recorded.
  
• Example:
  Ramlal, a farmer in Madhya Pradesh, is licensed by the Central Government to cultivate opium poppy. Instead of handing over the full produce to government officers, he secretly sells 3 kg of opium to a local dealer at a higher price. Even though he is licensed, this diversion amounts to embezzlement. Under Section 19, he faces 10–20 years imprisonment and a fine of ₹1–2 lakh (or more if the court records reasons).

Section 20 – Contravention in Relation to Cannabis Plant and Cannabis

Let's dive into Definitions first:

Cannabis Plant (Section 2(iv)) : Any plant of the genus Cannabis.

Cannabis (Section 2(iii))

• Charas: Resin extracted from the plant, including hashish oil.
  
• Ganja: Flowering or fruiting tops of the cannabis plant (excluding leaves and seeds not attached to tops).
• Any mixture or drink made from these forms.

Punishment:

Whoever cultivates the cannabis plant or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State, or uses cannabis without authorization shall be punishable as follows:

I.      Cultivation of Cannabis Plant: Rigorous imprisonment up to 10 years, and fine up to ₹1 lakh.

Example

In Himachal Pradesh, police discover that Sunil has planted 30 cannabis plants in a concealed field on his farm. Since cultivation itself is illegal

without licence, he can face up to 10 years imprisonment and fine up to ₹1 lakh.

II.    Dealings in Cannabis (possession, sale, transport, etc.):

• Example:
  Rohan, a college student, is stopped during a traffic check and found with 60 g of charas in his jacket. This is treated as small quantity, punishable with up to 1 year imprisonment or ₹10,000 fine.
• Example:
  During a raid at a rented house in Delhi, police recover 600 g of ganja stored in polythene packets. The tenant cannot explain possession. He may face up to 10 years imprisonment and fine up to ₹1 lakh.
• Example:
  A van on its way to Maharashtra is stopped and searched. Authorities recover 7 kg of ganja hidden in sacks of rice. The offence falls under commercial quantity. The driver is liable to minimum 10 years imprisonment, up to 20, and fine of ₹1–2 lakh (extendable).

Section 21 – Contravention in Relation to Manufactured Drugs and Preparations

Definition – Manufactured Drugs (Section 2(xi))

• Includes coca derivatives, medicinal cannabis, opium derivatives, and poppy straw concentrate.
• Any other substance notified by the Central Government as a manufactured drug.

Punishment:

Whoever manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State, or uses any manufactured drug or its preparation in contravention of the law shall be punishable as follows:

•      
  
• Example:
  A chemist in Lucknow is caught selling two bottles of cough syrup containing codeine phosphate without a valid prescription. Since the quantity is small, he may face up to 1 year imprisonment or fine of ₹10,000.
• Example:
  

  Enforcement agencies raid a godown in Jaipur and seize 700 tablets of alprazolam (sleeping pills) without proper licence. This falls under intermediate quantity. The accused may face up to 10 years imprisonment and fine up to ₹1 lakh.

• Example:
  

  At an airport, customs officers recover 8,000 morphine injections from luggage. This clearly qualifies as commercial quantity. The carrier faces

  minimum 10 years imprisonment, up to 20 years, and fine of ₹1–2 lakh (extendable).

Section 22 – Contravention in Relation to Psychotropic Substances

Definition – Psychotropic Substances (Section 2(xxiii))

• Natural or synthetic substances listed in the NDPS Schedule that affect the mind, e.g., LSD, MDMA, amphetamines.

Punishment:

Whoever manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State, or uses any psychotropic substance in contravention of the Act shall be punishable as follows:

Example:

Police find Arjun at a rave party in Goa with three LSD blotters in his wallet. Since this is a small quantity, punishment may extend to 1 year imprisonment or fine of ₹10,000.

Example:

A courier parcel checked in Bengaluru contains 70 g of MDMA powder. This is more than small but less than commercial. The sender may face up              to 10 years imprisonment and fine up to ₹1 lakh.

Example:

A police operation uncovers a factory unit producing 500 ecstasy tablets (MDMA) in Noida. This qualifies as a commercial quantity offence. The operators must face minimum 10 years rigorous imprisonment with fine between ₹1–2 lakh (extendable).

CONCLUSION

Sections 18 to 22 of the NDPS Act cover a wide spectrum of offences—from unauthorized cultivation to large-scale trafficking. The punishments are deliberately severe, with mandatory minimum sentences for commercial quantities to curb organized drug trade. Even for small quantities, imprisonment is possible, underlining that the law tolerates no casual involvement in narcotics.

For law enforcement, legal professionals, and the public, these provisions serve as a deterrent and a warning: involvement with narcotics, even in seemingly minor ways, carries serious legal risks.