Section 26: Punishment for certain acts by licensee or his servants

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985

Legal Commentary & Landmark Judgments: Section 26

Section 26 of the NDPS Act penalizes licensed manufacturers, dealers, and their employees for regulatory defaults—including failure to maintain accounts, failure to submit returns, unauthorized refusal to produce registers, and wilful breach of license terms—with imprisonment up to three years or fine.

  • Targeted Class of Offenders: Applies specifically to holders of licenses, permits, or authorizations granted under the Act, and their servants or agents.
  • Enumerated Regulatory Breaches: Criminalizes failure to produce licenses/accounts without reasonable cause, intentional failure to maintain or falsification of accounts, failure to submit mandatory returns, and breach of permit conditions.
  • Prescribed Penalty & Misdemeanor Character: Imposes imprisonment for a term extending up to three years, or fine, or both, distinguishing administrative regulatory non-compliance from commercial drug trafficking.
Key Landmark Precedents:
  • Om Prakash v. State of Haryana (2003) 10 SCC 472: The Supreme Court held that administrative failures by licensees in maintaining stock registers fall under Section 26 and cannot be conflated with commercial drug trafficking under Sections 15, 18, or 21 in the absence of diversion.
  • State of H.P. v. M/s Onkar Chand & Co. 1998 Cri LJ 452 (HP): The High Court ruled that clerical discrepancies or delays in submitting excise returns by a licensed dealer do not constitute criminal diversion; prosecution under Section 26 requires proof of wilful default.
Courtroom Practice & Strategic Litigation Guidance:

In pharmaceutical and chemist inspections, when police improperly register FIRs under commercial trafficking provisions (e.g. Section 21/22) for book discrepancies, file a petition under Section 482 CrPC (Section 528 BNSS) to alter the charge to Section 26, which is bailable and non-commercial, securing immediate release.