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NCB says Aryan Khan consumed drugs. What is the punishment?

The NCB said Aryan Khan, who was arrested following a raid on October 2, consumed drugs on the cruise ship.

 

Bollywood actor Shah Rukh Khan’s son Aryan Khan is in jail in connection with drug-related offences. The Narcotics Control Bureau (NCB) arrested Aryan Khan following a raid on a cruise ship on October 2 near Mumbai.

The NCB said Aryan Khan consumed drugs on the cruise ship. This is a crime in India under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The NCB has also charged Aryan Khan with the sale and possession of illegal drugs.

A set of laws including the NDPS Act in India builds a framework for reducing abuse of drugs — classified as narcotics and psychotropic substances.

Under the law, production, cultivation, possession, sale, use, purchase, import and export, and consumption of narcotic drugs and psychotropic substances are crimes in India.

WHAT IS THE PUNISHMENT FOR THE CONSUMPTION OF DRUGS?

The main offences that Aryan Khan has been charged with fall under the NDPS Act, which provides for punishment for possession, consumption and sale of drugs.

Punishments for drug-related crimes are flexible. It depends on how much quantity is involved in the commission of the offence.

In Aryan Khan’s case, the NCB has not yet said anything about the recovery of drugs from his possession. However, it said his ‘friend’ Arbaaz Merchant carried 5 grams of charas in his shoes, and that the same was recovered by the NCB team that conducted the raid.

For charas, any quantity less than 100 grams is considered a “small quantity”. Possession and sale of charas and other drugs including cocaine, heroin, opium and morphine in small quantity is punishable under the NDPS Act with a maximum of one year of “rigorous imprisonment” or a fine up to Rs 10,000 or both.

For consumption of drugs in case of cocaine, morphine, heroin, punishment is “rigorous imprisonment” up to one year or fine up to Rs 20,000 or both. In the case of other drugs including charas, imprisonment up to six months or fine up to Rs 10,000 or both.

The NCB said Aryan Khan could be consuming drugs for more than four years. The NCB said Aryan Khan admitted to the consumption of drugs in the past.

But if Aryan is classified as an addict, the NDPS Act provides for immunity from prosecution.

The law says “addicts volunteering for treatment enjoy immunity from prosecution”. This immunity could be withdrawn if the addict does not undertake complete treatment.

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