Punishment for allowing premises, etc., to be used for commission of an offence
Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with punishment for allowing premises, etc., to be used for commission of an offence. [25. Punishment for allowing premises, etc., to be used for commission of an offence.-- Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an of The Act came into force on 14 Nov 1985.
1[25. Punishment for allowing premises, etc., to be used for commission of an offence.-- Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence.]
Section 25, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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Harbhajan Singh vs The State of Haryana Department of Home Home Secretary
Court's Decision & Legal Precedent
The conviction of a vehicle owner under Section 25 of the NDPS Act cannot be legally sustained unless the prosecution proves beyond reasonable doubt that the vehicle was used for commission of the offence with the knowledge and consent of the owner. The burden lies on the prosecution to establish foundational facts proving the owner's knowledge and consent. The presumption under Section 35 of the NDPS Act can only be invoked after the prosecution has discharged its initial burden of proving foundational facts. Mere registration of a vehicle in the name of a person is insufficient to establish liability under Section 25 NDPS Act without proof of knowledge and consent. The burden of proof cannot be shifted to the accused merely on the basis of ownership without the prosecution first establishing the essential elements of the offence.
On this section: Establishes that owner of vehicle can be convicted only if he knowingly permits use of vehicle for commission of NDPS offence. Court held that knowledge and consent are essential elements that must be proved by prosecution.
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Bhola Singh vs State of Punjab
Court's Decision & Legal Precedent
In prosecutions under the Narcotic Drugs and Psychotropic Substances Act, the presumption of culpable mental state under Section 35 cannot be invoked unless the prosecution first proves, beyond reasonable doubt, the foundational facts establishing that the accused had knowledge of the vehicle or property being used for narcotic drug trafficking. Mere co-ownership of a vehicle or providing a wrong address during registration, without evidence of knowledge of the vehicle's misuse, is insufficient to establish the culpable mental state required for conviction under Sections 15 and 25 of the Act.
On this section: Knowingly permitting use of vehicle for improper purpose; Court held that without evidence of knowledge, this section cannot be applied
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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… CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR J U D G M E N T 1. The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking the grant of Regular Bail in FIR No. 14/2022 (subject FIR) dated 17.02.2022, for the offences punishable under Sections 21, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) registered at the Police Station Crime Branch (North-West), Delhi. Case of the Prosecution: 2. On 15.02.2022, Constable Ravi Kumar received secret information regarding the petitioner, namely, Monu @ Rickey @ Sandeep, a …
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… Thodupuzha, impugning the judgment dated 10.08.2015, by which the appellants (A2 & A3) were convicted and sentenced under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as 'the NDPS Act'), and in addition the 2 nd appellant (A3) was convicted and sentenced under Section 25 of the NDPS Act also. 2. The prosecution case is that, on 17.05.2011, at 8.30 p.m, accused Nos.1 to 3 were found transporting illegally 267 kilograms of ganja, in TN-51-8069 lorry owned by A3, in a secret chamber behind the driver's cabin. PW1-the Excise Inspector and party attached to Excise Check Post, Kumily, …
Questions about Section 25
What have the courts held on Section 25 of the Narcotic Drugs and Psychotropic Substances Act?
Harbhajan Singh vs The State of Haryana Department of Home Home Secretary (25 Apr 2023) is the leading judgment on this section among those set out below: Establishes that owner of vehicle can be convicted only if he knowingly permits use of vehicle for commission of NDPS offence. Court held that knowledge and consent are essential elements that must be proved by prosecution. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2011 to 2023.
How do I find court cases under Section 25 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 25, section 25 NDPS Act, section 25 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 25 29 and ndps 25 punishment. 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 Harbhajan Singh vs The State of Haryana Department of Home Home Secretary (25 Apr 2023).
What should I read with Section 25 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 25 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 25 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 25, 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.