(1) Where any person is convicted of any of the offences punishable under sections 15 to 25 (both inclusive), 28, 29 or 30, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct.
Legal Commentary & Landmark Judgments: Section 40
Section 40 of the NDPS Act authorizes the court to direct the publication of the name, place of business, residence, offence, and penalty of any person convicted under Chapter IV in newspapers or other media at the convict's expense, serving as a deterrent public sanction.
In appellate proceedings, if the trial court ordered Section 40 publication, immediately move an interim stay application under Section 389 CrPC (Section 430 BNSS). Argue that premature publication destroys the convict's reputation irremediably, defeating the purpose of the statutory appeal.