What comes under illicit trafficking
The following activities are illegal in Indian law unless specific prior permission or license is taken from the government1):
- Cultivating or gathering coca plant
- Cultivating opium poppy
- Cultivating cannabis
- Producing, manufacturing, possessing, selling, purchasing, transporting, warehousing, concealing, using or consuming, importing or exporting within India or to different states any narcotic drugs or psychotropic substances.
Illegal Import and Export
Importing into India or exporting out of India any narcotic drugs or psychotropic substances, without a proper license or a permit from the government, is a crime under Indian law2. The punishment for this would depend on the quantity of the illegal drug or substance that you imported or exported. In such cases, a higher fine than that prescribed in the law can also be imposed.
Small quantity – Jail time for up to 1 year and/or fine up to Rs. 10,000.
More than small, but less than commercial quantity – Jail time for up to 10 years and a fine up to Rs. 1 lakh.
Commercial quantity – Jail time between 10 and 20 years and fine between Rs. 1 and 2 lakhs
Illegal trading outside India
If you engage in trade or are running a business that trades banned narcotic drugs and psychotropic substances outside India without prior approval of the Indian government, you can be punished with jail time between 10 and 20 years and also a fine between Rs. 1 lakh and Rs. 2 lakh. The Court also has the power to impose a higher fine amount3.0
- Sec 2 (viiia
- Section 23, NDPS Act
- Section 24, NDPS Act