Section 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
________
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.
(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
________
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.