Chapter V OFFENCES AND PENALTIES

Whoever, contravenes any provision of this Act or any rule or any order made there under shall be punishable - (a) where the contravention is by the licensed dealers, with suspension or cancellation of the license and shall also be barred from re-grant of license and with imprisonment for a term which may extend to five years, or with fine which may extend to one lakh rupees, or with both; (b) where the contravention involves use or consumption of the controlled substances, without valid medical prescription, by any means/route of intake, in any chemical form, such person shall undergo compulsory detoxification, and to be followed by rehabilitation and also will remain under observation/ probation, and such person shall also be liable to pay a fine which may extend to ten thousand rupees; (c) where the contravention involves a person using a mode of transport or any other form of conveyance, either inter- State or intra-State, such person shall be liable to imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees, or with both, and the vehicle so used, shall be liable to be seized and confiscated, which may be released on payment of twenty thousand rupees; (d) where the contravention involves the manufacturer of controlled substances, such person shall be liable to imprisonment which may extend to three years or with fine which may extend to fifty thousand rupees, or with both;

Whoever, in contravention of any provision of this Act or any rule or order made thereunder, possesses controlled substances shall be punishable:- (a) where the contravention involves small quantity, with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees or with both. (b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees or with both. (c) where the contravention involves commercial quantity, with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees or with both. Provided that the Court may, for reasons to be recorded in the judgement impose a fine exceeding fifty thousand rupees.

Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with imprisonment which may extend to one year or with fine which may extend to fifty thousand rupees, or with both.

Whoever indulges in financing, directly or indirectly, any of the activities specified in clause (vi) of Section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with imprisonment for a term which shall not be less than two years or with fine which shall not be less than one lakh rupees: Provided that the court may, for reasons to be recorded in the judgement, impose a fine exceeding one lakh rupees.

Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this Act, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy and notwithstanding anything contained in Section 116 of the Indian Penal Code, punishable with punishment provided for the offence.

In the event of a second or subsequent conviction of any offence punishable under the Act, such person shall be punished with rigorous imprisonment for a term which may extend to twice the maximum term of punishment, and also be liable to fine which shall extend to twice the maximum amount of fine: Provided that the court may, for reasons to be recorded in the judgement, impose a fine exceeding the fine for which a person is liable.

Whoever contravenes any provisions of this Act or any rule or order made there under for which no punishment is separately provided in this chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to twenty thousand rupees, or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force, no sentence awarded under this Act shall be suspended, remitted or commuted.

(1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the court shall presume the existence of such mental state but it shall be a defense for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation: In this section “culpable mental state” includes intention, motive, knowledge of a fact and belief in, or reason to believe a fact. (2) For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.

No Court inferior to the Court of Judicial magistrate of the First Class shall try offences under this Act.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 - (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable under this Act shall be released on bail or on his own bond unless - (i) the Public Prosecutor has been heard and also given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 or any other law for the time being in force on granting of bail.

(1) When a person is found guilty of an offence punishable under Section 9 (b) and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or de- addiction from a hospital or an institution maintained or recognized by the Government, and to appear and furnish before the court within a period not exceeding six months, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter V. (2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1), that it is expedient so to do, the court may direct the release of the offender after due admonition.