Punishment for consumption of any narcotic drug or psychotropic substance
Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with punishment for consumption of any narcotic drug or psychotropic substance. Whoever, consumes any narcotic drug or psychotropic substance shall be punishable, (a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Governme The Act came into force on 14 Nov 1985.
1[27. Punishment for consumption of any narcotic drug or psychotropic substance.-- Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,
(a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and
(b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.]
Section 27, 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.
Referred to by 5
- s. 32A No suspension, remission or commutation in any sentence awarded under this Act
- s. 33 Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958
- s. 39 Power of court to release certain offenders on probation
- s. 64A Immunity from prosecution to addicts volunteering for treatment
- s. 77 Rules and notifications to be laid before Parliament
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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State of Rajasthan vs Manoj Sharma
Court's Decision & Legal Precedent
Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applies only to searches and seizures made from the person of an accused and not to searches conducted inside a house or premises. When seizure is made from inside a house, the requirement to obtain an independent witness under Section 50 does not apply. However, the absence of independent witnesses in such cases may be excused if the investigating officer provides evidence showing genuine difficulties in procuring such witnesses, particularly when the accused are known to be dangerous or criminal persons. In cases of small quantity possession as defined by Central Government notification, conviction should be under Section 27 of the Act, and sentences should be reduced considering time already undergone in custody.
On this section: Provides for reduced punishment for possession of small quantity for personal use
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Maktool Singh vs State of Punjab
Court's Decision & Legal Precedent
Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which prohibits suspension, remission or commutation of sentences under the Act (except Section 27), has an overriding effect and applies to all courts, including the High Court, and therefore the High Court cannot suspend sentences passed on persons convicted of NDPS offences (except Section 27) at any stage, including during the pendency of appeal. The non obstante clause in Section 32A makes it clear that this prohibition operates despite any provision in the Criminal Procedure Code or any other law. Section 36B of the NDPS Act, which preserves High Court powers under Chapter XXIX of the CrPC, is subject to the phrase 'so far as may be applicable', which limits the applicability of CrPC provisions to the extent they are not interdicted by Section 32A.
On this section: The Court noted that Section 27 offences are exempted from the prohibition in Section 32A, as they deal with offences of a far lesser degree compared to other offences under the Act. This exemption was interpreted as indicating legislative intent to restrict suspension only for more serious offences.
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Dadu @ Tulsidas vs State of Maharashtra
Court's Decision & Legal Precedent
Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985 is unconstitutional insofar as it takes away the power of the appellate court to suspend sentences awarded to convicts under the Act, because such complete prohibition renders the substantive right of appeal illusory and violates Article 21 of the Constitution. However, Section 32A remains valid insofar as it restricts the Executive's power to suspend, remit or commute sentences under Sections 432 and 433 of the Code of Criminal Procedure, as this restriction is for a reasonable purpose of combating drug trafficking and does not violate Article 14 of the Constitution. A sentence awarded under the Act can be suspended by the appellate court only and strictly subject to the conditions spelt out in Section 37 of the Act, which requires reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail.
On this section: Offences under Section 27 are excluded from the prohibition on suspension, remission or commutation under Section 32A.
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Amarjeet Ram Alias Baba vs State of Punjab
Court's Decision & Legal Precedent
The rigors of Section 37 of the NDPS Act are attracted when an accused is booked under Section 27(A) for financing illicit traffic, independent of whether the quantity of contraband seized is commercial or non-commercial.
On this section: Punishment for financing illicit traffic; used as a basis to deny bail.
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Balwinder Singh vs State Of Punjab
Court's Decision & Legal Precedent
When a petitioner seeks protection for life and liberty under Articles 226/227 of the Constitution following registration of a criminal case involving serious offences such as kidnapping for ransom, the High Court may direct the competent police authority to consider and decide the petitioner's protection applications within a specified time frame in accordance with law, without commenting on the merits of the underlying criminal case.
On this section: Offences related to drug trafficking and possession, charges in the underlying FIR
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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… O.P.(Crl.) No.70 of 2018 --------------------------------------------------- Dated this the 26th day of February 2018 J U D G M E N T The petitioner herein is the accused in C.C.No.1571/2016 of the Judicial First Class Magistrate Court-III, Thrissur involving the offence under Section 27 of the Narcotic Drugs and Psychotropic Substances Act (for short, 'the NDPS Act'). He seeks an early disposal of the case on the ground that he is a student of B.Tech course, and if the case is not disposed of at the earliest, it will affect his future career. 2. A report was called for from the trial court …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 27
What have the courts held on Section 27 of the Narcotic Drugs and Psychotropic Substances Act?
State of Rajasthan vs Manoj Sharma (03 Mar 2009) is the leading judgment on this section among those set out below: Provides for reduced punishment for possession of small quantity for personal use. Another 4 judgments on this section are set out below, 3 of them from the Supreme Court. They run from 2000 to 2026.
How do I find court cases under Section 27 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 27, section 27 NDPS Act, section 27 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 27 b and ndps 27 b punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with State of Rajasthan vs Manoj Sharma (03 Mar 2009).
What should I read with Section 27 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
5 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently THE NARCOTIC DRUGS SUBSTANCES AND PSYCHOTROPIC RULES, 1985I (1985).
When did Section 27 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 27 of the Narcotic Drugs and Psychotropic Substances Act, commonly called small quantity ndps, and cited as NDPS Act 27, 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.