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Section 25: Punishment for allowing premises, etc., to be used for commission of an offence

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

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Act 1985
Section 24 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 26

Legal Commentary & Landmark Judgments: Section 25

Section 25 penalizes owners, occupiers, and persons having control of premises, vehicles, or vessels who knowingly permit their use for the commission of drug offences.

  • Punishment for Allowing Premises for Offence: Section 25 penalizes whoever, being the owner, occupier, or having use of any house, room, vehicle, or vessel, knowingly permits it to be used for the commission of an offence under the NDPS Act.
  • Strict Penal Consequences: The offender is punishable with rigorous imprisonment for not less than ten years extending to twenty years, and a mandatory fine of not less than one lakh rupees extending to two lakh rupees.

Section 25 imposes strict criminal liability on owners and occupiers who knowingly permit premises or vehicles to be used for illicit narcotics transactions.

Key Landmark Precedents:
  • State of West Bengal v. Babu Chakraborty (2004) 12 SCC 201: Held that knowledge or willful blindness is essential to convict a property owner under Section 25; mere ownership without conscious permission is insufficient.
  • Boota Singh v. State of Haryana (2021) 19 SCC 606: Analyzed the liability of vehicle owners and drivers in transit drug recoveries under Section 25.
Legal Commentary:

Section 25 holds landlords, hotel managers, warehouse operators, and commercial vehicle owners strictly accountable. If a truck or apartment is used for drug warehousing, the owner faces the identical sentence as the drug trafficker unless they prove total absence of knowledge.

Section 24 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 26