Section 32B
Factors to be taken into account for imposing higher than the minimum punishment.
The Narcotic Drugs and Psychotropic Substances Act, 1985
About this Act
An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances , to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.
1[32B. Factors to be taken into account for imposing higher than the minimum punishment.-- Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under
this Act, the court may, in addition to such factors as it may deem fit, take into account the following
factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine,
namely:--
(a) the use or threat of use of violence or arms by the offender;
(b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence;
(c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence;
(d) the fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities;
(e) the fact that the offender belongs to organised international or any other criminal group which is involved in the commission of the offence; and
(f) the fact that the offender is involved in other illegal activities facilitated by commission of the offence.]
(a) the use or threat of use of violence or arms by the offender;
(b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence;
(c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence;
(d) the fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities;
(e) the fact that the offender belongs to organised international or any other criminal group which is involved in the commission of the offence; and
(f) the fact that the offender is involved in other illegal activities facilitated by commission of the offence.]
Notes
1. Ins. by Act 9 of 2001, s. 14 (w.e.f. 2-10-2001).