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Section 27: Punishment for consumption of any narcotic drug or psychotropic substance

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 26 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 27A

Legal Commentary & Landmark Judgments: Section 27

Section 27 of the NDPS Act penalizes the personal consumption of narcotic drugs or psychotropic substances, prescribing lesser sentences of imprisonment up to one year or six months, and distinguishing consumption from commercial trafficking offences.

  • Personal Drug Consumption Offence: Punishes consuming specified drugs (cocaine, morphine, heroin) with imprisonment up to one year, and any other narcotic drug with imprisonment up to six months.
  • Bailable and Cognizable Classification: Classifies consumption under Section 27 as a bailable offence where the accused is entitled to bail as a matter of right under Section 77 of the Act.
  • Statutory Immunity via De-Addiction: Section 64A confers complete statutory immunity from prosecution under Section 27 if the accused voluntarily undergoes de-addiction treatment in an approved facility.
Key Landmark Precedents:
  • Sanjeev Chandra Agarwal v. Union of India (2021) 18 SCC 486: Supreme Court recognized that legislative intent distinguishes between drug traffickers and victims suffering from personal addiction, endorsing rehabilitative sentencing.
  • State of Kerala v. Rajesh (2020) 12 SCC 122: Supreme Court affirmed that Section 37 bail restrictions do not apply to bailable consumption offences under Section 27.
  • E. Micheal Raj v. Intelligence Officer, NCB (2008) 5 SCC 161: Supreme Court discussed the statutory dichotomy between end-user consumption offences and large-scale commercial distribution under the NDPS Act.
Courtroom Practice & Strategic Litigation Guidance:

When representing an accused arrested with traces of contraband for personal use, file an application under Section 64A offering to undergo medical de-addiction; successful completion terminates Section 27 prosecution permanently.

Section 26 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 27A