NDPS Small Quantity / Commercial Quantity
Definition
Quantity thresholds defined in the schedules to India's NDPS Act 1985 that determine the severity of criminal charge and applicable mandatory minimum sentences. Example thresholds: morphine 5 g (small) / 250 g (commercial); cocaine 2 g / 100 g; cannabis 1,000 g / 20,000 g. FSL quantification of drug content (not gross exhibit weight) is used to determine which threshold applies.
- Statute
- NDPS Act 1985, India
- Morphine thresholds
- 5 g small / 250 g commercial
- Cocaine thresholds
- 2 g small / 100 g commercial
- Cannabis thresholds
- 1,000 g small / 20,000 g commercial
- Basis for classification
- FSL-quantified drug content, not gross exhibit weight
Common questions
Why does the law use drug content weight rather than the total weight of the seized exhibit?+
Seized material is often mixed with cutting agents or packaging, so weighing the whole exhibit would overstate the actual drug present. Quantifying the pure or active drug content through FSL analysis gives a threshold basis that reflects the real quantity of controlled substance involved.
What is the practical consequence of falling in the intermediate band between small and commercial quantity?+
The intermediate quantity band carries penalties lighter than the commercial quantity range but heavier than the small quantity range, and does not trigger the Section 37 bail bar that applies once commercial quantity is crossed, so it functions as a middle sentencing tier.
Related terms
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- SWGDRUG
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