Chapter 3

Chapter 3 Penalties

14. Penalties :

(1) The person, acting in violation of the prohibitions laid down in Clause (a) of Section (4), shall be punished according to the gravity of offence as follows:-
(a) Anyone who consumes cannabis/ marijuana shall be punished with an imprisonment for a term up to one month or with a fine unto two thousand rupees.
Provided that, in case of a person who is in the responsibility of a person or institution who have made bond for doing treatment upto one month in the treatment centre, the judicial authority may

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Inserted by third Amendment.

Deleted by second Amendment.
 Amended by the third Amendment .

not punish such person, on the condition of submitting the reports of treatment fortnightly from the treatment centre.
(b) Anyone who cultivates unto twenty five cannabis/ marijuana plants shall be punished with an imprisonment for a term unto three months or with a fine unto three thousand rupees.
(c) Anyone who cultivates more than twenty five cannabis/ marijuana plants shall be punished with an imprisonment for a term of three year or with a fine from five thousand to twenty five thousand rupees.
(d) Anyone who produces, prepares, purchases, sells and distributes, exports or imports, traffics and stores, cannabis/ marijuana shall be punished as follows:-
(1) with an imprisonment for a term upto three months or with a fine upto rupees three thousand, if it is upto fifty grams.
(2) With an imprisonment for a term from one month to one year and with a fine from one thousand to five thousand rupees, if it is within fifty grams to five hundred grams.
(3) With an imprisonment for a term from six months to two years and with a fine from rupees two thousands to ten thousands, if it is within five hundred grams to two kilograms.
(4) With an imprisonment for a term from one year to three years and with a fine from rupees five thousands to twenty five thousands, if it is within two kilograms to ten kilograms.
(5) With an imprisonment for a term from two years to ten years and with a fine from fifteen thousands to rupees one hundred thousand, if it is ten kilograms or more than this.

(e) Anyone who consumes opium, coca or any other narcotic drugs made therefrom shall be punished with an imprisonment for a term
of upto one year or with a fine upto ten thousand rupees.
Provided that, in case of a person who is in the responsibility of a person or institution, who have made bond for doing treatment upto three months, in the treatment centre, the judicial authority may not punish such person on the condition of submitting the information of treatment fortnightly from the
treatment centre.
(f) Anyone who cultivates opium poppy or coca bush shall be punished as follows:
(1) With an imprisonment for a term of one year to three years or with a fine of five thousand rupees to twenty five thousand rupees, in case of the cultivation of twenty five plants.
(2) With an imprisonment for a term from three years to ten years and with a fine from twenty five thousand rupees to two hundred thousand rupees in case of cultivation of more than twenty five plants.
(g) Anyone who commits any other prohibited acts other than consumption of opium, coca, or any other narcotic drugs made therefrom and cultivation of such plants shall be punished as follows:
(1) With an imprisonment for a term from five years to ten years and with a fine from five thousand rupees to twenty five thousand rupees for anyone doing transaction upto twenty five grams.
(2) With an imprisonment for a term from ten years to fifteen years and with a fine from seventy thousand rupees to two  hundred thousand rupees for anyone doing transaction from twenty five grams to hundred grams.
(3) With an imprisonment for a term from fifteen years to life imprisonment and with a fine from five hundred thousand rupees to twenty five hundred thousand for anyone doing transaction of any quantity more than one hundred grams.
(h) Anyone who addicts any natural or synthetic narcotic drugs and psychotropic substances and their salt and other substances, as specified by Government of Nepal by a notification published in the Nepal Gazette, from time to time, shall be punished with an imprisonment for a term upto two months and with a fine upto
two thousand rupees or both.
Provided that, in case of a person who is in the responsibility of any person or institution who have made bond for doing treatment upto three months in the treatment centre, the judicial authority may not punish such person on the condition of submitting the information of treatment forthrightly from the
treatment centre.
(i) with an imprisonment for a term from two years to ten years and with a fine from one hundred thousand rupees to twenty hundred
thousand rupees for anyone who commits any other prohibited acts other than those mentioned in Clause (h) above.

Explanation : For the purpose of this section the term “gravity of offence” shall mean the gravity of offence which shall be determined on the basis of the nature of the narcotic drugs and its quantity, store, purchase and sell, objective of the traffic in or export-import, the organization or gang of the accused, weapons
used by the accused or use of force, involvement of minor made in the offence, transaction done through the medium of institution like education, social and cultural organisation and the transaction made at the basis of abuse of post by a person holding a public position.

15. Punishment for Permitting Prohibited Acts in ones Building, Land or Vehicle: In case the owner of any building, land or vehicle or the person in
possession thereof willfully permits any act to be committed in any building, land or vehicle as is prohibited under Section 4, he/she shall be punished with
an imprisonment for a term which may extend from six months to five years or with a fine upto ten thousand rupees. If the owner of the building, land or
vehicle has committed such offence or has permitted to commit such offence, such building, land or vehicle may be liable to confiscation.

16. Punishment for Repeated Offence : In case any person who had been punished once under this Act again commits any other offence mentioned
hereunder, he/she shall be punished for each subsequent offence, in addition to the prescribed punishment, with an imprisonment for a term which may extend
upto five years and with a fine upto one hundred thousand rupees.

17. Punishment for conspiracy, attempt, abetment and accomplice in an offence : In case any person conspires or attempts to commit any offence
punishable under this Act, or abets others to commit such offence or is an accomplice in such offence, he/she shall be liable to such punishment which shall
be half of the punishment due to the actual offender.

17A. Punishment for those doing transaction of other substances as if it was narcotic drug : Any person or gang carrying out the acts of transaction
including sell distribution, export, import, store, production of other substances giving belief as if it was narcotic drug, shall be liable to such punishment which
shall be half of the punishment due to the actual offender.

17B. Punishment for those not providing the particulars or documents related to narcotic drugs : In course of collection of particulars of narcotic drugs, if any
particular or document is not provided by any person, organisation-institution or association, demanded by the Narcotic Drugs Control Officer or

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Inserted by third Amendment.

Inserted by third Amendment.

investigating authority such person, organisation-institution or association shall be liable to such punishment which shall be half of the punishment due to the
actual offender.

18. Confiscation of Materials Connected with the Offence : All narcotic drugs  connected with any offence punishable under this Act and all materials and
equipment used in the manufacture or production of such narcotic drugs shall be confiscated and any vehicle used for the transportation of such narcotic
drugs, other than railway train and aeroplane, shall also be confiscated. Provided that, no vehicle shall be confiscated if the owner of the vehicle
is able to prove that he/she was not aware of the fact that his/her vehicle would be or had been used for committing such offence.

18A. Property to be Confiscated : (1) All movable or immovable property earned from doing any act in contravention of Clauses (b), (c), (d), (e) and (f) of
Section 4 shall be confiscated.
(2) If the economic resource or the property of the person convicted of any offence under Clauses (b), (c), (d), (e) and (f) of Section 4 is not in
proportion of the known earning resource of the convicted person or his/her family such property unless proved otherwise by him/her shall be deemed to
have been earned by the acts in contravention to this Act and shall be confiscated even if it is registered on the name of the members of his/her family
or any other person.
(3) If there are reasonable grounds that anybody has committed offence liable to be confiscating of property, then the judicial authority may withheld
the property of such person, if there is a written request from Narcotic Drugs Control Officer to withheld his/her property.

18B. The informer is to be rewarded : Anyone who informs the Narcotic Drugs Control Officer, of the transaction or use of narcotic drugs which leads to the
proving of offence and if the offender is punished and if there is imposition of ⊕

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Inserted by Second Amendment.
 Amended by the third Amendment .

fine, the informer shall be provided twenty percent of the amount of fine as reward. The name of person receiving such reward shall be held secret.

18C Punishment may be remitted : Notwithstanding anything contained in prevailing laws, any person who helps in finding the principal offender and
assists by providing the information and clue about gang in which he/she, him/herself engaged or other gang involved in the transaction of narcotic drug
punishable under this Act, if there is a demand for full or partial remission of punishment in the charge-sheet, the judicial authority also may remit in
punishment accordingly.

18D. The employees to be rewarded : If anybody is punished with an imprisonment and with a fine in the case of narcotic drugs by the judicial authority,
Government of Nepal may reward twenty percent of amount of such fine to the employees involved in the narcotic drugs control and investigation activities.

18E Some amount of fine to be made available to the Treatment Centre : If any person is punished with an imprisonment and with a fine in the narcotic drug
case, the treatment center shall be provided twenty percent amount of such fine. If there are more than one treatment centre the Chief Narcotic Control Officer
shall distribute such amount of fine.

19. Power to withhold prosecution or remit punishment :  If a person is found to have purchased or possessed ♥ cannabis/ marijuana or medicinal opium, without
commercial motive and in small quantity, or has consumed only small dose of such drug and if he/she has committed such offence for the first time, the
Narcotic Drugs Control Officer may, after keeping a record of such person, make him/her sign a bond undertaking not to commit such offence again and
release him/her after recording the reasons for withholding the prosecutions. Even where the prosecution has already been started, the court may, if it deems
the offence to be of petty nature and if the accused has committed such offence for the first time, after keeping a record of such person, make him/her sign a

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Inserted by the third Amendment.

Inserted by the third Amendment.

Inserted by the third Amendment.

Amended by the First amendment .

bond undertaking not to commit such offence again and release him/her without
awarding any punishment.

19A. No Proceedings are to be Undertaken while Undergoing Treatment : (1) Notwithstanding anything contained in Clauses (a) and (d) of Sub-section (1) of
Section 14, the narcotic drug consumer, while undergoing treatment or  rehabilitation in a treatment or rehabilitation center established or recognized
by Government of Nepal, shall not be subjected to the punishment under this Act.
(2) The concerned officer shall prepare and keep a weekly or monthly report in the format as prescribed by Government of Nepal by asking the details
of the treatment and rehabilitation from the concerned treatment and rehabilitation centre regarding those persons who are undergoing treatments in
the centers as mentioned in Sub-section (1).

20. Special provision as to stocks of narcotic drugs under previous license : If, at the time of commencement of this Act, any stock of narcotic drug is left with
any person holding a license pursuant to Intoxicating substance Act, 1961 and Intoxicating Substance Rules, 1962, he/she shall have to surrender such stock of
narcotic drugs to the Narcotic Drugs Control Officer within the prescribed time limit.

21. Provision regarding to Narcotic Drugs Control Officer and Narcotic Drugs Control Administration : (1) Government of Nepal shall establish a Narcotic
Drugs Control Administration under the ∂Ministry of Home Affairs for carrying out the objectives of this Act and may ♥ appoint or designate a Chief Narcotic
Drugs Control Officer, one or more Narcotic Drugs Control Officers, Deputy Narcotic Drugs Control Officer and other officers as and when necessary.
(2) The Chief Narcotic Drugs Control Officer shall act as a chief of the Narcotic Drugs Control Administration established under Sub-section (1) and

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Inserted by First Amendment.

Amended by Some Nepal Act Amendment Act, 2048.

Amended by the First amendment.
 Amended by the third Amendment.

the Chief Narcotic Drugs Control Officer shall supervise control, direct and coordinate the measures relating to control of narcotic drugs under this Act.
(3) Notwithstanding anything contained in other provisions of this Act, if it is established that any Government employee has taken bribe with a view to
assist a person facilating the sale and use of narcotic drugs, penalty shall be imposed on such employee under the prevailing law and an additional penalty
equivalent to the half of the penalty given to such offender involved in due sale and use of narcotic drugs.

21A. Judicial Authority and Appeal : (1) The court of law as shall be constituted or prescribed by Government of Nepal by publishing a notification in the Nepal
Gazette shall have the authority to hear the cases under this Act except those cases which are related to the offence under Clause (a) of Section 4.
(2) The court of law as mentioned in Sub-section (1) shall, while adjudicating cases under this Act, adopt the procedures and use the authority as
has been laid down in Special Court Act, 2059.
(3) The person who is not satisfied on the decision or the final order of the court under Sub-section (1) may make an appeal to the Appellate Court.

21B. Functions, Powers and Duties of the Investigating Authority : (1) The investigating authority while being deputed in the control of narcotic drugs
shall enjoy the powers equal to that of police pursuant to prevailing laws in course of conducting investigation of narcotic drugs.
(2) While conducting investigation in the transaction of narcotic drugs the investigating authority shall enjoy the powers equal to that of custom officer
pursuant to prevailing Custom Act to search the goods of the person seen doubtful in the transaction of narcotic drugs.
Provided that, before conducting such search, the investigating authority shall have to issue a search warrant to the concerned person.

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Inserted by First Amendment .
 At present the special court Act,2059

Inserted by the third Amendment.

(3) The investigating authority shall enjoy the powers equal to that of postal officer pursuant to prevailing Postal Act, to censor any matter to be
received by post which is seen doubtful in course of investigation of narcotic drugs.

21C. The Scientific equipments and weapons may be taken : The authority and employees to be engaged in the investigating function of narcotic drugs and the
employees related to narcotic drug control shall have the powers to carry and use scientific equipment, communication devices and weapons and the material
to be used in that weapon, which are necessary in course of investigation and control activities.
22. Government to be a plaintiff : Government of Nepal shall be the plaintiff in all cases under this Act and all such cases shall be deemed to have been
incorporated in Schedule 1 of the Government Cases Act,2049 (1992)
22A. .⊗
…..

22B. No punishment for the works done in good faith : No case shall be instituted or legal action be taken against any government employee in relation to any
function performed or attempted to perform in good faith under this Act.

22C. Provision in relation to extension of time : The judicial authority may grant extension of time upto three months, not exceeding one month at a time, for
keeping the persons in police custody, who have been arrested in course of investigation of narcotic drugs.

23. Provision Regarding Cases Filed Before the Commencement of this Act : Cases Pertaining to narcotic drugs which are already filed or to be filed under
any Nepal law existing before the commencement of this Act shall be disposed of by the same authority as empowered to hear such cases under those law.

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Inserted by the third Amendment.
 At present the Government Cases Act, 2049 (1992)

Inserted by First Amendment and deleted by second amendment.

Inserted by the third Amendment.

Inserted by the third Amendment.
20

23A. Prevailing Law is to be Applicable : Notwithstanding anything contained in other provisions of this Act, the production, sale and distribution, exportimport,
store and consumption of medicines made in pharmacutical forms such as tablets, capsules, injections of the name and quantum as prescribed in the
Pharmacopia regarding the natural or synthetic narcotic or psychotropic substances and their salt as prescribed pursuant to Sub-clause (7) of Clause (a)
of Section 3, shall be governed by the Medicine Act, 2035. Provided that, the production sale and distribution, export-import, store  and consumption of the raw materials (raw or chemicalized) of the narcotic or psychotrophic substances shall be governed by this Act.”

24. Power to frame Rules or issue orders : Government of Nepal may frame Rules or issue orders to carry out the objectives of this Act.

25. Repeal : The Intoxicating Substance Act, 2017 (1961) and the Intoxicating Substance Rules, 2019 (1962) are hereby repealed.
Note: The Section 12 of Narcotic Drugs (Control) (First Amendment) Act, 2043 is a follows:
Cases to be Transferred: The cases relating to the offence under Clause (a) of Section 4 which have been filed in any court and is under the proceeding before
the commencement of this Act shall be transferred to the district court whereas  other cases under this Act shall be transferred to the court under Sub-section (1)
of Section 21A.

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Inserted by First Amendment .