punishment
would vary depending upon whether the quantity of offending material
is 'small quantity', `commercial quantity or something in-between.
13. It appears ... less than 250 gms.,
i.e. commercial quantity. The quantity of 60 gms. is lesser than the
commercial quantity, but greater than the small quantity
quantity as the
quantity greater than the quantity specified in its schedule, and S. 2 (xxiii-a),
.
defines a small quantity as the quantity lesser ... than the quantity specified in
the schedule. The remaining quantity falls in an undefined category, which is
now generally called as intermediate quantity. All Sections
trial Court below
.
rejected the prayer on the ground that since commercial
quantity came to be recovered from the possession of the
bail petitioner ... returned by the learned trial
Court, to the extent that since commercial quantity of
contraband was recovered, time for filing charge sheet was
180 days
fine of Rs ten thousand while
a person dealing in commercial quantity can be sentenced to jail for a
period of ten to twenty years ... lakh
rupees. A person caught with an amount between small and
commercial quantity is punishable with imprisonment upto ten years
and with fine extending
Ganja, 3.6 grams
of THC and 0.62 grams (0.1 gram was commercial quantity) of
LSD; apart from cash of Rs.1,85,200/- were recovered ... entire case, therefore, is based on recovery
of commercial quantity of LSD and, hence, it is not a case of
recovery of small quantity
contained only 0.17%
of Codeine concentration and cannot be called as commercial quantity. The
learned Special Judge vide order dated 15.03.2021 held that the petitioner ... quantity of the
neutral substance(s) is not to be taken into consideration while
determining the small quantity or commercial quantity of a narcotic
drug
punishment would vary depending upon whether the quantity of
offending material is “small quantity”, “commercial quantity” or something
in-between.
15. It appears from ... exclusively applicable for ascertaining whether the
quantity of opium falls within the category of small quantity or commercial
quantity.”
25. In the said case
NDPS Act and would fall in intermediary quantity i.e.
more than small quantity and commercial quantity. He,
therefore, prays that the benefit ... punishment would vary
depending upon whether the quantity of offending material is 'small
quantity', `commercial quantity or something in-between.
13. It appears
quantity as the
quantity greater than the quantity specified in the schedule, and S. 2 (xxiii-a),
defines a small quantity as the quantity lesser ... quantity specified in the
schedule of NDPS Act . The remaining quantity falls in an undefined category,
which is now generally called as intermediate quantity
Codeine concentration of 0.17% per bottle would be considered as
„commercial quantity‟ under the NDPS Act .
3. The attention of the learned Single Judge ... purposes of ascertaining whether it is a commercial
quantity, intermediate quantity or small quantity.
Signature Not Verified BAIL APPLN. 1136/2021 Page
