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Section23
The Narcotic Drugs and Psychotropic Substances Act, 1985

Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances

In force From 14 Nov 1985 Act 61 of 1985 As on 15 Oct 2026

Act 61 of 1985 Ministry Finance Enacted 16 Sep 1985 In force 14 Nov 1985

Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances. Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports into India or exports from India or tranships any narcotic drug or psychotropic substance shall be punishable,-- (a) w The Act came into force on 14 Nov 1985.

1[23. Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances.-- Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports into India or exports from India or tranships any narcotic drug or psychotropic substance 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;

(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;

(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 23, 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.

  1. Union of India vs Sheo Shambhu Giri

    Supreme Court of India 25 Mar 2014 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    Under Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the offense requires proof that the person was involved in import into India, export from India, or transhipment in connection with such import or export. The term 'tranship' must be understood in the context of international drug movement, not as a standalone offense for domestic possession or transportation. Mere possession and carrying of narcotic drugs without proof of involvement in international drug movement does not constitute an offense under Section 23; it may constitute offenses under other sections of the NDPS Act, but not Section 23.

    On this section: The Court interpreted Section 23 to require proof that the narcotic drug offense involved import into India, export from India, or transhipment connected to such international movement. The Court rejected the prosecution's argument that mere possession of ganja attracts Section 23 liability, holding that the statute specifically addresses transnational drug movement.

    Read the full order on eCourts India

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.

Questions about Section 23

What have the courts held on Section 23 of the Narcotic Drugs and Psychotropic Substances Act?

Union of India vs Sheo Shambhu Giri (25 Mar 2014) is the leading judgment on this section among those set out below: The Court interpreted Section 23 to require proof that the narcotic drug offense involved import into India, export from India, or transhipment connected to such international movement. The Court rejected the prosecution's argument that mere possession of ganja attracts Section 23 liability, holding that the statute specifically addresses transnational drug movement.

How do I find court cases under Section 23 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 23, section 23 NDPS Act, section 23 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 23c and ndps 23 b. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Union of India vs Sheo Shambhu Giri (25 Mar 2014).

When did Section 23 of the Narcotic Drugs and Psychotropic Substances Act come into force?

Section 23 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 23, 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

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.