Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate 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 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.
Legal Commentary & Landmark Judgments: Section 23
Section 23 of the NDPS Act criminalizes the illegal import into India, export from India, or transhipment of narcotic drugs and psychotropic substances, imposing severe mandatory minimum sentences of ten to twenty years' imprisonment for commercial quantities.
In airport and seaport NCB interceptions, verify whether cargo search warrants conformed to Section 42/50 protocols; procedural defects in seizing international baggage provide strong grounds for challenging the Section 23 charge.