recovered ; for the sake of argument, is less than even the small quantity.
It is contended that Buprenorphine is mentioned at entry ... whether it would constitute small
quantity or commercial quantity. Despite the above
decision , the confusion in determination of drug quantity
did not cease. Some Courts
amount is "small" or "commercial". Under the present
Act, a person dealing in small quantity of illicit drugs is subject ... lakh
rupees. A person caught with an amount between small and
commercial quantity is punishable with imprisonment upto ten years
and with fine extending
Codeine is small quantity and 1 Kg. is commercial
quantity (entry no.28), 2 grams of Diphenoxylate is small quantity and 50
grams ... case of non-
commercial quantity, i.e. lesser than the commercial quantity but greater
than the small quantity, it is R.I. for 10 years
further
been argued that the question of quantity being commercial or non
commercial quantity/ small quantity in context to the provisions of NDPS
Act does ... with both;
(b) where the contravention involves quantity, lesser
than commercial quantity but greater than small
quantity, with rigorous imprisonment for a term
which
grams of Narcotic substance- The quantity
of 6 grams is lesser than commercial quantity (250
grams) but greater that small quantity (5 grams) -
Accused would ... more than small quantity but less than
commercial quantity - As per Central Govt. Notification
dated 19.10.2001 small quantity is 5 grams and
Crl. Revision
with both;
(b) where the contravention involves quantity, lesser
than commercial quantity but greater than small
quantity, with rigorous imprisonment for a term
which ... with both;
(b) where the contravention involves quantity lesser
than commercial quantity but greater than small
quantity, with rigorous imprisonment for a term
which
quantity between the quantities given
against the respective Narcotic Drugs or Psychotropic
Substances forming part of mixture and lesser of commercial
quantity between the quantities ... Section 2(xxiiia) defines "small quantity" and it means any
quantity greater or lesser than the quantity specified by the
Central Government
quantity between the quantities given
against the respective Narcotic Drugs or Psychotropic
Substances forming part of mixture and lesser of commercial
quantity between the quantities ... Section 2(xxiiia) defines "small quantity" and it means any
quantity greater or lesser than the quantity specified by the
Central Government
clear that the content of heroin to
qualify as a "small quantity" is less than 5 grams of it. The
content of heroin ... quantities in respect
of Entry 239 favour such an interpretation. "Small quantity"
relative to Entry 239 means "lesser of the small quantity
grams of
heroin, which would fall within the definition of small quantity as
provided under Section 2 Clause (xxiiia) of the NDPS Act , which
would ... WRIT PETITION NO.18976 OF 2013 :{ 3 }:
whether it would contain small quantity or commercial quantity. To
nullify the effect of said judgement, notification dated
