Punishment for contravention of controlled substances

(1) Whoever, in contravention of any provision of this Act or any rule or order made thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State - (a) where the contravention involves small quantity, with rigorous imprisonment for a term which shall not be less than two years but may extend to five years and shall also be liable to pay fine which shall not be less than Rs. 20,000 but may extend to Rs. 50,000; (b) where the contravention involves large quantity, with rigorous imprisonment for a term which shall not be less than seven years but may extend to ten years and shall also be liable to pay fine which shall not be less than Rs. 50,000 but may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment which shall not be less than ten years but may extend to fourteen years and shall also be liable to pay fine which shall not be less than one lakh rupees but may extend to Rs. 2,00,000. (2) Where contravention is by licensed dealers holding drugs license issued under the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945, such license shall be immediately suspended for a period of six months or until a decision is made by the court of law, whichever is earlier. Upon conviction, such license shall stand cancelled. Further, such person shall also be liable for imprisonment which shall not be less than three years, and shall also be liable to pay a fine which shall not be less than rupees one lakh; (3) Where the offender is an addict as defined under clause (b) of section 2, or a consumer as defined under clause (d) of section 2, shall undergo compulsory psychiatric evaluation and/or psychological assessment followed, if necessary, by detoxification and rehabilitation for a period as assessed by a psychiatrist or a psychologist: Provided that if the offender is a State Government employee or an employee of an undertaking or an Organization of the State Government shall be assessed by a psychiatrist and the State Medical Board who shall recommend and certify the suitability or otherwise of the person to continue with the job responsibility specific to the post the person is holding. (4) 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 shall not be less than ten years but which may extend to fourteen years and shall also be liable to fine which shall not be less than one lakh but may extend to ten lakhs rupees and the conveyance as used, shall be liable to be seized and confiscated, which may be released on payment in the following manner:- (a) Heavy motor vehicle - Rupees two lakhs (b) Light motor vehicle - Rupees one lakh (c) Two-or-three wheeled - Rupees fifty thousand (d) Any other form of conveyance - Rupees twenty-five thousand (5) Where the contravention involves the manufacture of controlled substances without a valid manufacturing licence, such person shall be liable to imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and shall also be liable to fine which shall not be less than five lakhs but may extend to ten lakh rupees.