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The NDPS Act 

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits the production/manufacturing/cultivation, possession, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
Where the contravention involves small quantity, with rigorous imprisonment for a
term which may extend to six months, or with fine which may extend to Rs. 10,000
or with both. Where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to Rs. 1,00,000. Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than Rs. 1,00,000 but which may extend to Rs. 2,00,000s.
The term ‘narcotic’ in the legal sense is quite different from that used in the medical context

which denotes a sleep inducing agent. Legally, a narcotic drug could be an opiate (a true
narcotic), cannabis (a non-narcotic) or cocaine (the very antithesis of a narcotic, since it is a stimulant). The term ‘psychotropic substance’ denotes mind-altering drugs such as Lysergic Acid Diethylamide(LSD), Phencyclidine, Amphetamines, Barbiturates, Methaqualone, anddesigner drugs (MDMA, DMT, etc.)

 Scales of Justice
The Arrest Under NDPS
 

The arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the
commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under the NDPS Act is kept or concealed

The commercial quantities

 

Offences under commercial quantities are non-bailable U/S 37 NDPS Act 1985. However, if the court finds that the accused is not guilty of offence or is not likely to indulge in sale/ purchase of narcotic drugs, bail can be granted. The punishment for many offences under Sections 15–23 of NDPS Act depends on the type
and quantity of drugs involved—with three levels of punishments for small, lesser and immediate quantity, i.e. quantity more than small and lesser than commercial quantity

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Advocate in India


 
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High Court of A.P Adv. Ravindhar.V

#402, Dedeepya Pride,Near BSNL Office Road, Poranki, Vijayawada-521137, Andhra Pradesh, India
+91-8184972455+91-9872636344
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ravindhar@advocateaphc.in​

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