A Bengaluru couple, Sagar Gurung (37) and his wife Urmila Kumari (38), found themselves in legal trouble after sharing photos of their balcony garden on Facebook, which included plants later identified as ganja. The couple, originally from Namchi, Sikkim, has been residing in Sadashivanagar’s MSR Nagar area for two years, where Sagar runs a local eatery and Urmila manages their home.
The situation escalated when one of Urmila’s social media followers noticed ganja plants in the garden photos and alerted the police. Responding quickly, the authorities conducted a raid on November 5. The couple initially denied any wrongdoing, and police observed signs of hasty disposal, with two flower pots appearing to have been emptied. It was later discovered that Urmila had discarded the plants into a dustbin after being warned by a relative.
Despite the couple’s attempts to hide evidence, traces of the plants were found in the pots, and after further questioning, they confessed to growing ganja. Police recovered 54 grams of the substance from the discarded plants and seized their mobile phones, including the one Urmila used for the posts. Sagar and Urmila now face charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985.
About Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985
The Narcotic Drugs and Psychotropic Substances (NDPS) Act is a stringent law in India designed to control and regulate activities involving narcotic drugs and psychotropic substances. Here’s an overview of its key elements:
Objectives
- Prevention and Regulation: To prevent, combat, and regulate activities like production, cultivation, sale, and use of narcotic drugs and psychotropic substances.
- Property Forfeiture: To enable the seizure and forfeiture of property linked to illicit drug trafficking.
- International Compliance: To fulfill obligations under international conventions on narcotics control.
- Controlled Substance List: To modify the list of regulated psychotropic substances as needed.
Definitions
- Narcotic Drugs: Includes natural substances like cannabis, opium, coca leaves, poppy straw, and any derived or manufactured drug.
- Psychotropic Substances: Covers natural or synthetic substances, including any preparations specified in the official Schedule.
Applicability
The NDPS Act restricts anyone from manufacturing, producing, cultivating, possessing, selling, purchasing, transporting, storing, or consuming any narcotic drug or psychotropic substance without proper authorization.
Punishments Under the Act
The NDPS Act uses a graded punishment system:
- For Commercial Quantities: A minimum of 10 years of rigorous imprisonment, extendable to 20 years.
- For Repeat Offenders: Penalties may increase by 1.5 times, with possible death penalties in specific cases.
- Non-commutable Sentences: Most sentences under the Act cannot be reduced or commuted, except in cases involving personal drug consumption.
Procedural Safeguards
- Personal Search: The person has a right to request a search before a Gazetted Officer or Magistrate (Section 50).
- Searches and Arrests: Authorized officers can conduct searches without a warrant in certain cases. Arrests require immediate communication of grounds, and reporting to a superior within 48 hours.
- Seizure and Reporting: Any seizures based on a magistrate’s warrant should be reported to that magistrate.
Immunities
- For Officers: Officials acting in good faith are protected from legal action.
- For Addicts: Addicts facing charges for consumption or small quantities can avoid prosecution if they opt for de-addiction treatment.
- For Offenders Providing Evidence: Immunity can be granted by the government to encourage evidence against trafficking networks.
- Juvenile Offenders: Juveniles are handled under the Juvenile Justice (Care and Protection of Children) Act, 2000.
- Diplomatic Immunity: Diplomats enjoy certain immunities as per international laws.
The NDPS Act ensures strong legal actions to curb drug-related offences while incorporating necessary safeguards and exceptions for fair legal processes.
