30Preparation
If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of 1[sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid:
Provided that the court may, for reasons to be recorded in the Judgment, impose a higher fine.
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1. Subs. by Act 9 of 2001, s. 11, for certain words, figures and brackets (w.e.f. 2-10-2001).
- 15 Punishment for contravention in relation to poppy straw
- 16 Punishment for contravention in relation to coca plant and coca leaves
- 17 Punishment for contravention in relation to prepared opium
- 18 Punishment for contravention in relation to opium poppy and opium
- 19 Punishment for embezzlement of opium by cultivator
- 20 Punishment for contravention in relation to cannabis plant and cannabis
- 21 Punishment for contravention in relation to manufactured drugs and preparations
- 22 Punishment for contravention in relation to psychotropic substances
- 23 Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances
- 24 Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12
- 25 Punishment for allowing premises, etc., to be used for commission of an offence
- 25A Punishment for contravention of orders made under section 9A
- 26 Punishment for certain acts by licensee or his servants
- 27 Punishment for consumption of any narcotic drug or psychotropic substance
- 27A Punishment for financing illicit traffic and harbouring offenders
- 27B Punishment for contravention of section 8A
- 28 Punishment for attempts to commit offences
- 29 Punishment for abetment and criminal conspiracy
- 30 Preparation
- 31 Enhanced punishment for offences after previous conviction
- 31A Death penalty for certain offences after previous conviction
- 32 Punishment for offence for which no punishment is provided
- 32A No suspension, remission or commutation in any sentence awarded under this Act
- 32B Factors to be taken into account for imposing higher than the minimum punishment
- 33 Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958
- 34 Security for abstaining from commission of offence
- 35 Presumption of culpable mental state
- 36 Constitution of Special Court
- 36A Offences triable by Special Courts
- 36B Appeal and revision
- 36C Application of Code to proceedings before a Special Court
- 36D Transitional provisions
- 37 Offences to be cognizable and non-bailable
- 38 Offences by companies
- 39 Power of court to release certain offenders on probation
- 40 Power of court to publish names, place of business, etc., of certain offenders