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Section 24: Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 23 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 25

Legal Commentary & Landmark Judgments: Section 24

Section 24 of the NDPS Act prescribes mandatory rigorous imprisonment of not less than ten years extending up to twenty years, and a fine of not less than one lakh rupees extending up to two lakh rupees, for engaging in unauthorized external dealings or cross-border drug trade in contravention of Section 12.

  • Substantive Offence: Penalizes any person who contravenes the provisions of Section 12 by engaging in, controlling, or financing international trade in narcotic drugs or psychotropic substances outside India.
  • Severe Mandatory Sentencing: Mandates a minimum sentence of ten years rigorous imprisonment, extendable to twenty years, and a minimum fine of one lakh rupees, extendable to two lakh rupees.
  • Judicial Discretion for Higher Fine: Proviso empowers the court to impose a fine exceeding two lakh rupees for reasons to be recorded in writing.
Key Landmark Precedents:
  • D. Ramakrishnan v. Intelligence Officer, NCB (2009) 14 SCC 382: The Supreme Court ruled that orchestrating international drug shipments from Indian soil falls squarely within Section 24 r/w Section 12, regardless of whether the physical contraband entered Indian territorial waters.
  • Rachpal Singh v. State of Punjab 2002 SCC OnLine P&H 781: The High Court held that a conviction under Section 24 cannot stand on mere suspicion; the prosecution must prove an overt financial, logistical, or communicative link connecting the accused to the foreign consignment.
Courtroom Practice & Strategic Litigation Guidance:

In external dealings cases, Section 37 bail restrictions strictly apply. To defeat Section 24 charges at the threshold, challenge the nexus between the accused and foreign entities. Move for discharge if the evidence consists solely of intercepted electronic messages without Section 65B Evidence Act (Section 63 BSA) compliance or uncorroborated Section 67 statements rendered inadmissible by Tofan Singh.

Section 23 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 25