LL.B. (Three Years) Sem 3 Criminal Minor Acts Apr 2025 Question Paper with Solutions

For full marks, cover: the scheme of "ban first, then permission"; the history and the international conventions (sections 2(ix) and 82); the key definitions; the authorities (sections 4 to 7A); the prohibition and its provisos (section 8); drug-derived property (section 8A); control by the Central Government (sections 9 and 9A), including essential narcotic drugs after 2014; control by the State Government (section 10); the special provisions (sections 11 to 14); treatment of addicts (sections 64A and 71); how the controls are enforced; the cases (Union of India v. Mohanlal, Tofan Singh, Baldev Singh); a worked example; a table; a conclusion.

2. The key definitions

1. Narcotic drug means coca leaf, cannabis (hemp), opium and poppy straw, and includes all manufactured drugs (section 2(xiv)).
2. Psychotropic substance means any substance, natural or synthetic, included in the list in the Schedule (section 2(xxiii)).
3. Controlled substance means a substance the Central Government declares as such because it is used to make drugs, such as a precursor chemical.
4. Small quantity and commercial quantity are fixed for each drug by notification. They decide the punishment.

3. The authorities (Chapter II)

1. Central Government (section 4). It must take all measures needed to prevent and combat drug abuse and illicit traffic, and to ensure medical and scientific use.
2. Narcotics Control Bureau. Under section 4(3), the Central Government may set up an authority to exercise its powers. The Narcotics Control Bureau was constituted by an order of 17 March 1986.
3. Narcotics Commissioner (section 5). He supervises the cultivation of the opium poppy and the production of opium.

1. The ban on cultivating cannabis for ganja, and on dealing in ganja for non-medical use, takes effect only from a date the Central Government notifies.
2. Section 8 does not apply to the export of poppy straw for decorative purposes.

Every verb counts. Possession, use and consumption are all within section 8. So a person who only consumes a drug also contravenes it, though section 27 punishes consumption more lightly.

5. Property derived from drug offences (section 8A)

No person shall convert, transfer, conceal or knowingly acquire property derived from a drug offence, to hide its illegal origin. This is the Act's money-laundering rule. A breach is punishable under section 27B.

6. Control by the Central Government (sections 9 and 9A)

Rules under section 9. The Central Government may permit and regulate, by rules:

1. cultivation of coca and of the opium poppy, only on account of the Central Government;
2. production and manufacture of opium and poppy straw, and the sale of opium from Government factories;
3. manufacture of manufactured drugs;

8. Special provisions (sections 11 to 14)

1. No attachment (section 11). Drugs, and opium poppy, coca and cannabis plants, cannot be distrained or attached for the recovery of money.
2. External dealings (section 12). No person may deal in drugs obtained outside India and supplied to persons outside India, without the Central Government's authorisation.
3. Coca for flavouring (section 13). The Central Government may permit coca leaves for making a flavouring agent containing no alkaloid.
4. Cannabis for industry (section 14). Government may allow cannabis cultivation only to obtain fibre or seed, or for horticulture.

9. Treatment of addicts (sections 64A and 71)

1. Immunity (section 64A). An addict may be charged with consumption, or with an offence involving a small quantity. He is immune from prosecution if he voluntarily seeks de-addiction treatment and completes it.
2. Treatment centres (section 71). Government may set up centres to identify, treat and rehabilitate addicts, and supply drugs where medically necessary.

11. A worked example

Ramesh is a farmer. He grows opium poppy under a licence granted by rules under section 9.

1. He must deliver all the opium he produces to the Government officer, as the rules and his licence require.
2. If he keeps back part of it, he contravenes section 8. As a licensed cultivator he is punishable for embezzlement of opium (section 19).
3. If he grows cannabis on the same land without permission, he also breaks section 8(b), punishable under section 20.
4. His neighbour, a registered addict, may possess prepared opium for his own use only under the State rules (section 10).

12. Summary table

Conclusion

Conclusion. The NDPS Act replaced the old opium and dangerous drugs laws and gives effect to the international conventions (sections 2(ix) and 82). It prohibits all dealings in narcotic drugs and psychotropic substances, except for medical and scientific use (section 8). The Central Government controls opium, manufactured and essential narcotic drugs, psychotropic substances and precursors (sections 9 and 9A). The State Government controls poppy straw, opium and cannabis (section 10). Addicts are offered treatment (sections 64A and 71). The courts insist that enforcement be fair (Baldev Singh; Mohanlal; Tofan Singh).