Criminal

Death penalty for certain offences after previous conviction U/s 31-A of NDPS Act

31-A. Death penalty for certain offences after previous conviction .

(1) Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under section 19, section 24, section 27-A and for offences involving commercial quantity of any narcotic drug or psychotropic substance, is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to,

(a) engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said Table:

Particulars of narcotic drugs/psychotropic substances Quantity
(1)(2)
(i) Opium10 kgs
(ii) Morphine1 kg
(iii) Heroin1 kg
(iv) Codcine1 kg
(v) Thebaine1 kg
(vi) Cocaine500 grams
(vii) Hashish20 kgs
(viii) Any mixture with or without any neutral material of any of the above drugslesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture
(ix) LSD, LSD-25(+)-N, N-Diethyllysergamide (d-lysergic acid deithylaminde)500 grams
(x) THC (Tetrahydrocannabinols, the following isomers: 6-a (10-a), 6-a(7), 7, 8, 9, 10, 9(11) and their stereochemical variants)500 grams
(xi) Methamphetamine (+)-2-Methylamine-1- Phenylpropane1,500 grams
(xii) Methaqualone (2-Methyl-3-o-tolyl-4-(3-H)- Quinazolinone)1,500 grams
(xiii) Amphetamine (+)-2-amino-1-Phenylpropane1,500 grams
(xiv) Salts and preparations of the Psychotropic Substances mentioned in (ix) to (xiii)1,500 grams;

(b) financing, directly or indirectly, any of the activities specified in clause (a), shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death.

(2) Where any person is convicted by a competent Court of criminal jurisdiction outside India under any law corresponding to the provisions of section 19, section 24 or section 27-A and for offences involving commercial quantity of any narcotic drug or psychotropic substance] such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a Court in India.


Commercial quantity, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette;

Categories: Criminal

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