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The recent drug case revolving around Shah Rukh Khan’s son Aryan Khan has again stirred up questions regarding the legality of possessing drugs in India. This article attempts to answer them in a short and precise manner.
In India, the possession, production, cultivation, sale, trade, purchase, usage, consumption, and import/export of psychotropic substances and narcotic drugs except scientific or medicinal is a crime as per the Narcotics Drugs and Psychotropic Substances Act, 1985. These psychotropic substances and narcotic drugs are chemical substances that cause changes in the way the body functions and are hazardous to health. Some adverse effects are so rare that they cannot be elicited by clinical trials.
If you get caught having drugs in your possession, chances are you might get arrested and the drugs found will get seized and destroyed. Irrespective of the fact that the drugs are yours or not, you may be charged with-
Knowing- when an individual has the knowledge that the drugs are present and intends to use or control them
Possession- when an individual has personal (actual possession) and physical control over and access to the drugs (constructive possession)
Sale- when an individual has possession of the drugs and intends to distribute (or sell) them
However, not all drugs are necessarily illegal. The usage or possession of certain kinds of drugs is legally allowed if there's a valid prescription or other legitimate reason. These kinds of drugs are categorized as “Controlled substances”. Possession of controlled substances is only illegal if you do not have any legal justification for possessing them.
Drug offenses are criminal offenses that are mostly grave and serious in nature, as witnessed in the case of Amarsingh Ramjibhai Barot v. State of Gujarat. The punishment for getting caught with drugs depends on the class and quantity of the drug, the place where it was found, and the personal history of the offender. Personal history such as criminal history, but essentially, offenses pertinent to drugs. The decree of punishment differs with the severity of the offense. However, the offender will be exempted from the possible charges, if the offense is made under the circumstances mentioned below:
Officers: Officers acting in the discharge of their duties in good faith under Section 69 of the Act
Addicts: Addicts charged with consumption of drugs under Section 27 or with offenses involving small quantities. The immunity will be granted if they volunteer for de-addiction but this immunity can be withdrawn, under Section 64A, if the addict does not undergo complete treatment
Offenders: Offenders can be immune to obtaining evidence of their respective cases, under Section 64, but this immunity has to be granted either by the Central or State government and not the court.
Juvenile offenders: Offenders below 18 years of age will be immune and these cases shall be governed by the Juvenile Justice (Care and Protection of Children) Act, 2000.
A drug possession charge is not just about some penalty that you can clear and get away with easily, it is a criminal record that sticks with you which leads to pretty bad consequences. It is better to stay out of such situations. Yet, if you get caught with illegal drugs, try contacting an experienced criminal lawyer who can advise you about your rights and potential corollaries.
For a more detailed understanding, refer to the" Amarsigh Ramjibhai Barot Vs. State Of Gujarat" case study by clicking the case below.
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