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Section 33: Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 32 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 34

Legal Commentary & Landmark Judgments: Section 33

Section 33 of the NDPS Act imposes an express statutory prohibition against granting probation or release on admonition under Section 360 CrPC (Section 401 BNSS) or the Probation of Offenders Act, 1958, preserving exceptions only for juveniles under 18 years and small quantity/personal consumption convicts under Section 27.

  • General Exclusion of Probation: Explicitly bars the application of Section 360 of the Code of Criminal Procedure, 1973 (now Section 401 BNSS) and the Probation of Offenders Act, 1958 to persons convicted under the NDPS Act.
  • Statutory Juvenile Exception: Preserves the applicability of probation and beneficial juvenile reform provisions to convicts who are under eighteen years of age at the time of conviction.
  • Small Quantity & Section 27 Exception: Permits probation only for offenders convicted of personal consumption under Section 27 or possessing a small quantity of narcotic drugs or psychotropic substances.
Key Landmark Precedents:
  • Dharambir v. State of Haryana (2010) 5 SCC 397: The Supreme Court ruled that Section 33 mandates a statutory bar against probation for NDPS offences, except for the strictly carved-out categories of persons under 18 or those convicted under Section 27.
  • Praveen Kumar v. State of Himachal Pradesh 1989 Cri LJ 2537 (HP): The High Court affirmed that courts have no inherent power to grant probation to drug traffickers convicted of commercial or intermediate quantity offenses under the NDPS Act.
Courtroom Practice & Strategic Litigation Guidance:

In sentencing arguments for small quantity or Section 27 convicts, invoke Section 33 to demand release on probation under Section 360 CrPC (Section 401 BNSS) or the Probation of Offenders Act. For young offenders, verify age via matriculation certificate or ossification test to claim Section 33 juvenile exemption.

Section 32 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 34