with both;
(b) where the contravention involves quantity, lesser than
commercial quantity but greater than small quantity, with
rigorous imprisonment for a term which ... commercial quantity. The quantity of 60 gms. is lesser than the
commercial quantity, but greater than the small quantity and, thus,
the appellant would
threw it away which on verification was found to
contain a small quantity of brown sugar. The appellant was
taken to the nearby police post ... appellant was in possession of these drugs or substances in
a small quantity for his personal consumption he was liable
to be punished only under
found in possession of 12 gins.
of Charas; since only a small quantity i.e. less than 5 gms.
had been sent for analysis ... nature
regarding the quantity seized. If it is not practicable, in
a given case, to send the entire quantity then sufficient
quantity
effected will be liable for
intermediate quantity [quantity of charas found being more than the small
quantity but less than commercial quantity] and will ... 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
would constitute a small quantity or commercial quantity. The High
Court therefore held that the quantity seized was a small quantity and,
therefore, the conviction ... small quantity has been
specified as 1 gram. If so, the quantity recovered
from the appellant is far below the limit of small
quantity specified
thousand rupees, or with both;
(B) and involves quantity lesser than commercial quantity but greater than
small quantity, with rigorous imprisonment for a term which ... quantity. It is as follows:-
“2. (viia) “commercial quantity”, in relation to narcotic drugs and
psychotropic substances, means any quantity greater than the quantity
specified
thousand rupees, or with both;
(B) and involves quantity lesser than commercial quantity but greater than
small quantity, with rigorous imprisonment for a term which ... quantity. It is as follows:-
“2. (viia) “commercial quantity”, in relation to narcotic drugs and
psychotropic substances, means any quantity greater than the quantity
specified
Nikesh Tarachand Shah vs Union Of India on 23 November, 2017
Equivalent citations: AIR 2017
small quantity. Commercial
quantity has been defined in Section 2(viia) of the Act to mean "any
quantity greater than the quantity specified ... Commercial
. Psychotropic Substance Name Quantity Quantity
(International Non-
proprietary Name (INN))
77. Morphine Morphine 5 gms. 250 gms.
10
The quantity, thus, alleged to have
with
both;
(b) where the contravention involves quantity,
lesser than commercial quantity but greater than
small quantity, with rigorous imprisonment for a
term which ... commercial quantity. The quantity of 60 gm is
lesser than the commercial quantity, but greater
than the small quantity and, thus, the appellant
would
