Punishment for contravention in relation to prepared opium
Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with punishment for contravention in relation to prepared opium. Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,-- (a) where the contravention invol The Act came into force on 14 Nov 1985.
1[17. Punishment for contravention in relation to prepared opium.-- Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,--
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both; or
(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; or
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
Section 17, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sri Jasbir Singh vs The State of Assam
Court's Decision & Legal Precedent
Non-communication of grounds of arrest in writing to an arrested person, in violation of Section 50 CrPC and Article 22(1) of the Constitution of India, vitiates the arrest and subsequent remand, and constitutes an independent ground for grant of bail even if charge-sheet has been filed and trial has commenced. The distinction between 'reasons for arrest' (general formal parameters) and 'grounds of arrest' (specific personal factual details) is critical; the latter must be communicated in writing to enable the arrested person to consult counsel, oppose custodial remand, and seek bail. Mere filing of charge-sheet cannot cure the constitutional illegality committed at the time of arrest.
On this section: Sections under which the petitioner was arrested; relate to possession and trafficking of narcotic drugs
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Santosh Mishra vs State Govt. of N.c.t. of Delhi
Court's Decision & Legal Precedent
In bail applications under Section 439 CrPC involving serious drug trafficking charges with substantial recovery of narcotic drugs, procedural defects in search and notice procedures cannot be appreciated at the bail stage but must be examined during trial after recording of prosecution evidence. The court should not prejudge procedural compliance issues at bail stage. The gravity of charges and quantum of recovery are material considerations in bail decisions, and procedural irregularities do not automatically entitle an accused to bail without showing prejudice. The trial court should be directed to expedite proceedings to ensure compliance with constitutional guarantee of expeditious trial.
On this section: Offence of possession of narcotic drugs; charge framed under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… to set aside the judgment of conviction and order of sentence dated 19.03.2016, passed by the Special Judge / Principal Sessions Judge at Vijayapur, (hereinafter referred to as 'the Trial Court' for brevity), in Special (NDPS) Case No.3/2015, whereunder, the accused were convicted for the offences punishable under Sections 15(b) and 17(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). Accused Nos.1 and 2 are sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.20,000/ each for the offence punishable under Section 15(b) of NDPS Act and to undergo rigorous imprisonment for five years and to …
Questions about Section 17
What have the courts held on Section 17 of the Narcotic Drugs and Psychotropic Substances Act?
Sri Jasbir Singh vs The State of Assam (10 Apr 2025) is the leading judgment on this section among those set out below: Sections under which the petitioner was arrested; relate to possession and trafficking of narcotic drugs. Another 1 judgment on this section is set out below. They run from 2003 to 2025.
How do I find court cases under Section 17 of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 17, section 17 NDPS Act, section 17 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 17b and 17 ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sri Jasbir Singh vs The State of Assam (10 Apr 2025).
When did Section 17 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 17 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 17, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.