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NDPS Commercial Quantity

Definition

Threshold under the NDPS Act 1985 above which the offence attracts 10 to 20 years rigorous imprisonment and a Section 37 bail bar. Examples: heroin 250 g, cocaine 100 g, ganja 20 kg, charas 1 kg.

Statute
NDPS Act 1985, India
Penalty range
10 to 20 years rigorous imprisonment
Bail provision
Section 37 bail bar
Heroin threshold
250 g
Cocaine threshold
100 g

Common questions

Why does the exact quantity found matter so much under NDPS?+

The Act uses quantity bands, small, intermediate, and commercial, to set the charge and sentencing range, so a gram-level difference in the FSL-quantified drug content can move a case from a bailable, lightly punished offence to one facing a mandatory bail bar and a decade-plus sentence.

Does commercial quantity mean the accused was necessarily trafficking?+

The Act treats crossing the commercial quantity threshold as attracting the harsher sentencing band regardless of proven trafficking intent, though courts weigh other case circumstances, so the threshold is a legal quantity trigger rather than direct proof of a trafficking operation on its own.

Related terms

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