Feb 26, 2022
Everything you need to know about the law on Charas
Officers of the Narcotics Control Bureau (NCB) in Chennai have busted an international racket of charas smuggling from Chennai and arrested a drug peddler.
What is Charas?
Charas is the separated resin (crude or purified) obtained from the cannabis plant and includes concentrated preparation and resin known as hashish oil or liquid hashish.
Is Charas banned in India?
Yes, India bans the use of Charas, its production, manufacture, possession, sale, purchase, transport, and inter-state import/export.
What is the punishment?
The punishment for carrying out any of the abovementioned activities is proportional to the quantity of Charas involved, and not the type of activity.
|Quantity of Charas||Punishment|
|Up to 100 grams (Small quantity)||Jail time up to one year, and/or fine up to Rupees ten thousand.|
|100 grams to 1 kg||Jail time up to ten years, and fine up to Rupees one lakh.|
|1 kg or more (Commercial quantity)||Jail time from ten to twenty years, and fine of Rupees one to two lakh. The Court may also impose fine exceeding two lakh by recording reasons in the judgment.|
To learn about the punishments for other prohibited drugs, read our explainer on drugs and narcotics.
Can you get bail for a drug-related crime?
The law says that drug-related offences are cognizable and non-bailable. If you are arrested for a Charas-related crime, you can only get bail if you apply for it and the court grants it. Courts impose strict conditions before granting bail for a drug-related offence, especially if you are accused of an offence involving commercial quantities of a drug.
If you apply for bail, the court will first give the government lawyer an opportunity to oppose your application. If the government lawyer opposes your bail application, the court will consider several factors before deciding if you can get bail. To grant bail, the court should be convinced that:
- i) You did not commit the crime. The court will look into the facts of the case and consider the probability of whether you have actually committed the crime.
- ii) You will not commit any other crime if you are released on bail.
To know more about bail, read our explainer.