The NDPS or Narcotics Drugs and Psychotropic Substances Act remains one of the most stringent laws in India. Birthed as a result of the “war on drugs” that captured international imagination during the 1980s, the NDPS Act adopted a highly punitive approach towards drugs-related crimes. The law promoted high mandatory minimum sentences even for possession, took away the possibility of probation for first-time offenders, made getting bail extremely hard, and explicitly reversed the burden of proof.

On Saturday evening, a Narcotics Control Bureau (NCB) team led by Sameer Wankhede raided a Goa-bound cruise ship off Mumbai, on a tip-off that a party was scheduled onboard. Wankhade, who is an NCB zonal director, said the bureau seized 13 grams of cocaine (intermediate quantity), 5 grams of MD (mephedrone) (intermediate quantity), 21 grams of charas (small quantity), 22 pills of MDMA (ecstasy) (intermediate quantity) and Rs 1,33,000 at the International Cruise Terminal in Mumbai. 

Also Read: Found links to the dark web, Bitcoin: NCB’s Sameer Wankhede on cruise ship drug case

Some of the drugs, the NCB said, were hidden in a contact lens case owned by Aryan Khan, son of Bollywood actor Shah Rukh Khan, who was detained in the raid. Aryan was later arrested along with model Munmun Dhamecha and small-time actor Arbaaz Merchant and five others. Khan was held under sections 8C, 20B, 27 and 35 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. These are explained below:

SECTION 8(C) OF NDPS ACT

This section prohibits the production, manufacturing, possession, selling, purchase etc of drugs.

SECTION 20(B) OF NDPS ACT

Under Section 20(b) of the NDPS Act, possession of cannabis is a punishable offence with rigorous imprisonment for a term which may extend to 10 years and will also be liable to a fine which may extend to Rs 1 lakh.

In case the possession is of a “small quantity”,  then the imprisonment involves a term which may extend to six months, or with a fine, which may extend to Rs 10,000, or with both. 

If the quantity is lesser than commercial quantity but greater than a small quantity, called “intermediate quantity,” imprisonment may extend to 10 years and with a fine which may extend to Rs 1 lakh.

If it involves “commercial quantity” or a quantity that suggests sale of drugs, imprisonment shall not be less than 10 years but may extend to 20 years and shall also be liable to a fine which shall not be less than Rs 1 lakh and may extend to Rs 2 lakhs, provided that the court may, for reasons to be recorded in the judgment, impose a fine of 2 lakhs or more.

Also Read: Aryan Khan detention: Media reports based on assumption, says Sunil Shetty

SECTION 27 OF NDPS ACT

Under Section 27, the consumption of any narcotic drug or psychotropic substance is a punishable offence punishable with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to Rs 20,000 or with both.

SECTION 35 OF NDPS ACT

Under this section, it is presumed that the accused knew what they were doing. Hence, the accused will be guilty unless proven innocent. Consumption of cocaine carries up to one year of imprisonment, whereas consumption of charas or cannabis carries up to six months’ imprisonment.

THE BIG QUESTION

The quantity seized from the possession of Aryan Khan will remain a big question and will play a vital role in whether he will be convicted. However, here is the twist – while Aryan Khan’s lawyer, Advocate Satish Manshinde told the court that he was not found in possession of the drugs, but records reveal that drugs were hidden in the lens case owned by Khan. Therefore, as per Section 35, “the accused will be guilty unless proven innocent.”