The Narcotic Drugs and Psychotropic Substances Act, 1985

Section 23. Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances.

The Narcotic Drugs and Psychotropic Substances Act, 1985

Bare Act

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.]

Judgments on Section 23

  • Union Of India vs Chidiebere Kingsley Nawchara — Supreme Court of India, 17 Aug 2026. The right to bail cannot be defeated by the non-existence of sureties; the Supreme Court may, under Article 142, institute a state-regulated regime of licensed professional bail bondspersons — with verification,…
  • Directorate Of Revenue Intelligence vs Raj Kumar Arora — Supreme Court of India, 17 Apr 2025. Dealing in a psychotropic substance listed in the Schedule to the NDPS Act is punishable under Section 8 of the NDPS Act even if the substance is not enumerated in Schedule I of the NDPS Rules, and the interpretation in…