What are Small and Commercial Quantity of Narcotic Drugs under NDPS Act? | NDPS Quantity List

What are the commercial quantity of drugs under NDPS Act? What is ganja commercial quantity? NDPS Quantity List

What is the Narcotic Drugs and Psychotropic Substances Act (NDPS) Act of 1985?

 

According to Section 2 of NDPS Act:

‘Commercial quantity’, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the official gazette.

‘Small quantity’, in relation to Narcotic Drugs and Psychotropic Substances, means  any  quantity lesser than the quantity specified by the central government by notification in the Official Gazette.

Intermediate Quantity: that although the terminology “Intermediate Quantity”, is nowhere defined in the Act in definition part, but the terminology used is “lesser than commercial quantity but greater than small quantity”, when it comes to stipulating the punishment for the offences. 

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 1523 of NDPS Act depends on the type and quantity of drugs involved—with three levels of punishments for small, Intermediate Quantity, i.e. quantity more than small and lesser than commercial quantity. 

The punishment prescribed for different quantities is as follows:

Where the contravention involves small quantities, 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.

Section 27 of NDPS Act: Punishment for Consumption of Any Narcotic Drug or Psychotropic Substance. 

Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,- 

Where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the central government by notification in  the  Official  Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to Rs. 20,000; or with both.

Where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 10,000 or with both.

Brief legislative history related to commercial quantity of drugs under NDPS Act

Vidhi Centre for Legal Policy issued a report entitled: ‘From Addict to Convict’: Working of the NDPS Act in Punjab’. The Report, which is based on a review of 13,350 cases from Courts trying NDPS cases in Punjab from 2013 to 2015, concludes that the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) has not deterred drug use or drug trafficking and is in need of reform.

Possession for personal use v/s small quantity

The Report examines the law in relation to ‘small quantity’ and possession of drugs for personal use without appreciating the legislative history of section 27 of the NDPS Act.

The NDPS Act, as it stood in 1985, prescribed a minimum punishment of rigorous imprisonment for 10 years along with a fine of Rs 1 lakh for most offences with the exception of offences involving ganja and the cultivation of the cannabis plant, which attracted punishment upto 5 years imprisonment and fine of upto Rs 50,000.

The other exception was contained in section 27, which prescribed punishment of a maximum term of 6 months/1 year imprisonment (depending on the drug) or fine or both for consumption or illegal possession of any narcotic drug or psychotropic substance in ‘small quantity’, if the drug was proved to have been intended for personal consumption and not for sale or distribution. ‘Small quantity’ meant “such quantity as may be specified by the Central Government by notification in the Official Gazette.” The onus of proving that the drug was intended for personal consumption and not for sale or distribution lay on the accused person.

After the amendment in 1989, the Central Government issued fresh Notifications specifying the ‘small quantity’ of 220 narcotic drugs and psychotropic substances for the purposes of imposing lesser penalty under section 27 of the NDPS Act. The Report contains the recommendations of the Committee constituted by the Ministry of Health and Family Welfare for this purpose.

Though beneficent, section 27 was not used  

In several such cases, it was the Supreme Court that ultimately provided relief to the accused appellant by invoking the provision on small quantities. Despite the possibility of imposing a lesser sentence under section 27 of the NDPS Act, persons caught with small quantities of drugs were still sentenced to 10 years imprisonment and hefty fines, as most of the time; the accused  the person was unable to prove that the drug was meant for personal consumption and not for sale.

In several such cases, it was the Supreme Court that ultimately provided relief to the accused appellant by invoking the provision on small quantity. For instance in Raju v State of Kerala, the Appellant was found with possession of 100 mg heroin worth Rs. 25. The Appellant’s plea that the drug was for personal use was rejected by the lower Courts on the ground that he showed no symptoms of withdrawal while he was in custody and not using heroin. The Supreme Court expressed doubt whether such a small quantity of heroin could have been intended for sale to make profit. Ultimately, the Court invoked section 27 of the NDPS Act and modified the punishment from 10 years imprisonment to 1 year on the basis that the heroin was meant for personal use, even though the same was not ‘proved’.

Another reason why drug users did not invoke the plea of personal use under section 27 of the NDPS Act was that it would amount to an admission of being in possession of drugs and risk certain conviction.

The requirement of ‘admitting’ to illicit drug-possession and ‘proving’ personal use made section 27 of the NDPS Act inaccessible. As a result, a large number of persons including those who use drugs languished in jail without the possibility of bail and/or lenient sentences.

It was in this backdrop that the NDPS (Amendment) Bill, 1998 was introduced and passed in 2001 to introduce graded quantities

It was in this backdrop that the NDPS (Amendment) Bill, 1998 was introduced and passed in 2001 to introduce graded quantities.

Object and import of the 2001 Amendments – far reaching

The NDPS (Amendment) Act of 2001 was a watershed moment, as Parliament, in a rare occasion, acknowledged the harmful consequences of harsh provisions of the NDPS Act and sought to correct course by introducing graded penalties, on the basis of whether the offence involved drugs in ‘small’, ‘intermediate’ or ‘commercial quantity’.

Though the proposed changes were criticized in Parliament for being ‘soft on drug offenders’, Shri Yashwant Sinha, the then Finance Minister who introduced the Amendment Bill, remained firm and saw through its adoption by the House.

The Report however, faults the 2001 Amendment by stating that that it resulted in treating “anyone caught with drugs, whether for self-use or for sale, as a criminal.” This criticism is misplaced.

The NDPS Act has always criminalized consumption and possession of drugs for personal use. Drug users did not become criminals as a result of the NDPS (Amendment) Act, 2001.

Doing away with ‘personal use’, extended protection of the law. The Legislature’s decision to do away with the requirement of proving possession for personal use for imposing lesser punishment and adopting the uniform criteria of ‘small quantity’ offences must be seen in the context of non-application of section 27, discussed above.

The 2001 Amendments were far-reaching in that they extended lenient sentencing  (imprisonment upto 6 months and/or fine of Rs 10,000) and diversion (under sections 39 and 64A) to ‘anyone’ caught with a small amount of drugs, irrespective of whether the drug was meant personal use or sale. This also helped drug users who may be involved in sale or supply of small quantities to peers.

Problem is that quantity alone determines penalty

 The real drawback of the NDPS Amendment Act, 2001 is that quantity was made the sole determinant for the severity of penal measures imposed under the law including   restrictions on bail, pre-trial detention and sentencing. Other factors such as the role and involvement of the accused in the crime – whether he is a mere carrier or controls the illicit trade are rendered irrelevant.  The Report fails to examine this aspect completely.

Bail under NDPS act when small, intermediate and commercial quantities are involved

Union of India v. Shiv Shanker Kesari (2007) 7 SCC 798 

Hon’ble Supreme Court has explained the approach that a Court should adopt in an application for bail under Section 37 of the NDPS ACT:

“The Court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty.

It is for the limited purpose essentially confined to the question of releasing the accused on bail that the Court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds.

But the Court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.

Additionally, the Court has to record a finding that while on bail the accused is not likely to commit any offence and there should also exist some materials to come to such a conclusion.”

Therefore, even in commercial quantity if the courts are satisfied of the reasonable ground for believing that the accused is not guilty of such offences ( Non compliance of mandatory provisions of the NDPS Act i.e. Section 42 or Section 50, disclosure statement of co-accused or accused is not corroborated by any independent incriminating evidence etc) along with the condition that the accused will not likely to commit offence if he was granted bail (keeping into consideration the antecedents of the accused, his propensities and the nature and the manner in which he is alleged to have committed the offence), the courts can grant regular bail even in commercial quantity cases.

Read more on Bail Under NDPS Act When Small, Intermediate & Commercial Quantities are Involved

Punishment for Offences

The NDPS Act views drug offences very seriously and penalties are stiff. The quantum of sentence and fine varies with the offence. For many offences, the penalty depends on the quantity of drug involved – small quantity, more than small but less than commercial quantity or commercial quantity of drugs. Small and Commercial quantities are notified for each drug.

Under NDPS Act, abetment, criminal conspiracy and even attempts to commit an offence attract the same punishment as the offence itself. Preparation to commit an offence attracts half the penalty. Repeat offences attract one and half times the penalty and in some cases death penalty. Since the penalties under this Act are very stiff, several procedural safeguards have been provided in the Act. Some immunities are also available under the Act. 

The penalties for various offences under the NDPS Act are as follows.

OFFENCES

PENALTIES

SECTIONS OF THE ACT.
Cultivation of opium, cannabis or coca plants without licenseRigorous imprisonment-up to 10 years + fine up to Rs.1 lakhOpium –  18(c) Cannabis – 20 Coca-16
Embezzlement of opium by licensed farmerRigorous imprisonment -10 to 20 years + fine Rs. 1 to 2 lakhs (regardless of the quantity)19
Production, manufacture, possession, sale, purchase, transport, import inter- state, export inter-state or use of narcotic drugs and psychotropic substancesSmall quantity – Rigorous imprisonment up to 6 months or fine up to Rs. 10,000 or both. More than small quantities but less than commercial quantities – Rigorous imprisonment. up to 10 years + fine up to Rs. 1 Lakhs. Commercial quantity – Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 LakhsPrepared opium-17 Opium – 18 Cannabis – 20 Manufactured drugs or their preparations-21 Psychotropic substances -22
Import, export or transhipment of narcotic drugs and psychotropic substancesSame as above23
External dealings in NDPS-i.e. engaging in or controlling trade whereby drugs are obtained from outside India and supplied to a person outside IndiaRigorous imprisonment 10 to 20 years + fine of Rs. 1 to 2 lakhs (Regardless of the quantity)24
Knowingly allowing one’s premises to be used for committing an offenceSame as for the offence25
Violations pertaining to controlled substances (precursors)Rigorous imprisonment up to 10 years + fine Rs. 1 to 2 lakhs25A
Financing traffic and harboring offendersRigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 lakhs27A
Attempts, abetment and criminal conspiracySame as for the offenceAttempts-28 Abetment and criminal conspiracy – 29
Preparation to commit an offenceHalf the punishment for the offence30
Repeat offenceOne and half times the punishment for the offence. Death penalty in some cases.31 Death – 31A
Consumption of drugsCocaine, morphine, heroin – Rigorous imprisonment up to 1 year or fine up to Rs. 20,000 or both. Other drugs- Imprisonment up to 6 months or fine up to Rs. 10,000 or both. Addicts volunteering for treatment enjoy immunity from prosecution27 Immunity – 64A
Punishment for violations not elsewhere specifiedImprisonment up to six months or fine or both32

 

SMALL AND COMMERCIAL QUANTITIES UNDER NDPS Act

For several offences under the NDPS Act, the punishment depends on whether the quantity of drug involved is small, is more than small but less than commercial or is commercial. Small and Commercial quantities for each drug have been notified.

In exercise of the powers conferred by clauses (viia) and (xxiiia) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), and in supersession of the Ministry of Finance, Department of Revenue Notification S.O. 527 (E) dated 16th July, 1996, except as respects things done or omitted to be done before such supersession, the Central Government hereby specifies the quantity mentioned in columns 5 and 6 of the Table below, in relation to the narcotic drug or psychotropic substance mentioned in the corresponding entry in columns 2 to 4 of the said Table(NDPS Quantity List), as the small quantity and commercial quantity respectively for the purposes of the said clauses of that section. 

Sr. No.Name of Narcotic Drug and Psychotropic Substance (INN)Chemical NameSmall Quantity (gm)Commercial Quantity (gm/kg)
1Acetorphine3-0-acetyltetrahydro-7-alpha-(l-hydroxy-l-methylbutyt)-6, l4-endoetheno-oripavine2 gm50 gm
2Acetyl-alpha-methylfentanylN-[-(alpha-methylphenethyl)-4-piperidy]l acetanilide0.005 gm0.1 gm
3AcetyldihydrocodeineAcetyldihydrocodeine5 gm100 gm
4Acetylmethadol3-acetoxy-6-dimethylamino-4, 4diphenylheptane2 gm50 gm
5AlfentanilN-[1-[2-( -ethyl-4, 5-dihydro-S-oxo-l H-tetrazol-t-yt) ethyll-4-(methoxymethyl)-4-piperidinyll -N- phenylpropanamide0.005 gm0.1 gm
6Allyprodine3-allyl Imethyl-4-phenyl-4-propionoxypiperidine2 gm50 gm
7alphacetylmethadolAlpha-3-acetoxy-6-dimethylamino-4, 4-diphenylheptane5 gm100 gm
8AlphameprodineAlpha-3-ethyl-l-methyl-4-phenyl-4-propionoxypiperidine2 gm50 gm
9AlphamethadolAlpha-6-dimethylamino-4, 4-diphenyl-3-heptanol2 gm50 gm
10AlphamethylfentanylN-[1(alpha-methylphenethyl)-4-piperidyl]propionanilide0.005 gm0.1 gm
11AlphamethylthiofentanylN-[1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidyll propionanilide0.005 gm0.1 gm
12AlphaprodineAlpha-1, 3-dimethyl-4-phenyl-4-propionoxypiperidine5 gm100 gm
13Anileridine1-para-aminophenethyl-4-phenylpiperidine4-carboxylic acid ethyl ester2 gm50 gm
14Benzethidine1-(2-benzyloxyethyl)-4-phenylpiperidine-4-carbolxylic acid ethyl ester5 gm100 gm
15Benzylmorphine3-0-benzylmorphine2 gm50 gm
16BetacetylemethadolBeta-3-acetoxy-6-dimethylamino-4, 4-dipenylheptane2 gm50 gm
17Beta-hydroxfentanylN-[1-(beta-hydroxyphenethyl)-4-piperidyl] propionanilide0.005 gm0.1 gm
18Beta-hydroxy-3-methyl fentanylN-[1-(beta-hydroxyphenethyl)-3-methyl-4-piperidyl]propionanilide0.005 gm0.1 gm
19BetameprodineBeta-3-ethvl-1 -methvl-4-pheny l-4-propionoxypiperidine5 gm100 gm
20BetamethadolBeta-6-dimethylamino-4, 4-diphenyl-3-heptanol2 gm50 gm
21BetaprodineBeta-1, 3-dimethyl-4-phenyl-4-propionoxy-piperidine5 gm100 gm
22Bezitramide1-(3-cyano-3, 3-diphenylpropyl)-4-(2-oxo-3-propionyl-1-benzimidazolinyl)-piperidine5 gm100 gm
23Cannabis and cannabis resin (CHARAS, HASHISH)EXTRACTS and TINCTURES OF CANNABIS100 gm1 Kg
24Clonitazene2-para-ch.lorbenzyl-l-diethylaminoethyl-5- nitrobenz1midazole2 gm50 gm
25Coca derivatives(excluding cocaine) and its salts2 gm50 gm
26Coca leaf100 gm2 kg
27CocaineMethyl ester of benzoylecgonine2 gm100 gm
28Codeine3-0-methylmorphine10 gm1 Kg
29CodoximeDihydrocodienone-6-carboxymethyloxime5 gm100 gm
30Concentrate of poppy strawThe material arising when poppy straw has entered into a process for the concentration of its alkaloids when such material is made available in trade20 gm500 gm
31Desomorphine (PERMONID, SCOPERMID)Dihydrodeoxymorphine2 gm50 gm
32Dextromoramide(+)-4-[2-methyl-4-oxo-3, 3-diphenyl-4-( 1-pyrrolidinyl) butyl-morpoline1 gm20 gm
33DextropropoxypheneAlpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl20 gm500 gm
34DiampromideN-[2-(methylphenethylamino)-propyl] propionanilide2 gm50 gm
35Diethylthiambutene (THEMALON)3-diethylamino-1, 1-di-(2-thienyl)-1-butene5 gm100 gm
36Difenoxin (Diphenoxylic acid)1-(3-cyano-3, 3-diphenylpropyl)-4-phenylisonipecotic acid2 gm50 gm
37DihydrocodeineDihydro codeine10 gm200 gm
38Dihydromorphine (PARAMORFAN)5 gm100 gm
39Dihydroxy Dihydro morphinone1 gm20 gm
40Dimenoxadol2-dimethylaminoethyl-1-ethoxy-1, 1-diphenylacetate2 gm50 gm
41Dimepheptanol6-dimethylamino-4, 4-diphenyl-3-heptanol5 gm100 gm
42Dimethylthiambutene3-dimethylamino-1, 1-di-(2-thienyl)-1-butene5 gm100 gm
43Dioxaphetyl butyrateEthyl-4-morpholino-2, 2-diphenylbutyrate2 gm50 gm
44Diphenoxylate1-(3-cyano-3, 3-diphenylpropyl)-4-phenylpiperidine2 gm50 gm
45Dipipanone4, 4-diphenyl-6-piperidine-3-heptanone5 gm100 gm
46Drotebanol3, 4-dimethoxy-17-methylmorphinan-6-beta-14-diol1 gm20 gm
47EcgonineIts esters and derivatives which are convertible to ecgonine and cocaine2 gm50 gm
48Ethylmethylthiambutene3-ethylmethylamino-1, 1-di-(2-thienyl)-1-butene2 gm50 gm
49Ethylmorphine (DIONINE)3-0-ethylmorphine10 gm200 gm
50Etonitazene1-diethylaminoethyl-2-para-ethoxybenzyl-5-nitrobenzimidazole2 gm50 gm
51EtorphineTetrahydro-7-alpha-(1-hydroxy-1-methylbutyl)-6, 14-endoetheno-oripavine5 gm100 gm
52Etoxeridine1-[2-(2-hydroxyethoxy)-ethyl]-4-phenylpiperidine-4-carboxylic acid ethyl ester2 gm50 gm
53Fentanyl1-phenethyl-4-N-propionylanilinopiperidine0.005 gm0.1 gm
54Furethidine1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester1 gm20 gm
55Ganja1000 gm20 kg
56HeroinDiacetylmorphine5 gm250 gm
57Hydrocodone (DICODIDE, CODINOVO, DICONONE, HYCODAN, MULTACODIN, NYCODIDE)Dihydrocodeinone1 gm20 gm
58Hydromorphinol14-hydroxydihydromorphine2 gm50 gm
59Hydromorphone (DILAUDIDE, DIMORPHID, NOVALAUDON)Dihydromorphinone1 gm20 gm
60Hydroxypethidine4-meta-hydroxyphenyl-1-methylpiperidine-4-carboxylic acid ethyl ester5 gm100 gm
61Isomethadone6-dimethylamino-5-methyl-4, 4-diphenyl-3-hexanone2 gm50 gm
62Ketobemidone4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine2 gm50 gm
63Levomethorphan(-)-3-methoxy-N-methylmorphinane2 gm50 gm
64Levomoramide(-)-4-[2-methyl-4-oxo-3, 3-diphenyl-4-(1-pyrrolidinyl) butyl]morpholine2 gm50 gm
65Levophenacylmorphan(1)-3-hydroxy-N-phenacylmorphinan2 gm50 gm
66Levorphanol (LEVORPHAN)(-)-3-hydroxy-N-methylmorphinan1 gm20 gm
67Metazocine2-hydroxy-2,5,9-trimethyl-6,7-benzomorphan5 gm100 gm
68Methadone6-dimethylamino-4,4-diphenyl-3-heptanone2 gm50 gm
69Methadone intermediate4-cyano-2-dimethylamino-4,4-diphenyl-Butane2 gm50 gm
70Methyldesorphine6-methyl-delta-6-deoxymorphine2 gm50 gm
71Methyldihydromorphine6-methyldihydromorphine2 gm50 gm
723-methylfentanylN-(3-methyl-1-phenethyl-4-piperidyl) propionanilide0.005 gm0.1 gm
733-methylthiofentanylN-(3-methyl-1-(2-(2-thienyl) ethyl]-4-piperidyl] propionanilide0.005 gm0.1 gm
74Metopon5-methyldihydromorphinone2 gm50 gm
75Moramide intermediate2-methyl-3-morpholino-1,1-diphenylpropane carboxylic acid5 gm100 gm
76Morpheridine1-(2-morpholinoethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester2 gm50 gm
77MorphineMorphine5 gm250 gm
78Morphine methobromideAnd other pentavalent nitrogen morphine derivatives, including in particular the morphine-N-oxide derivatives, one of which is codeine-N-oxide2 gm50 gm
79Morphine-N-oxide (GENOMORPHINE N-OXYMORPHINE)2 gm50 gm
80MPPP1-methyl-4-phenyl-4-piperidinol propionate (ester)2 gm50 gm
81MyrophineMyristylbenzylmorphine5 gm100 gm
82N-cyclopropyl methyl-7,8-dihydro-7-(1-hydroxy-1 methyl-ethyl) 0 methyl-6-14-endoethanonormorphine5 gm100 gm
83Nicocodine6-nicotinylcodeine10 gm200 gm
84Nicodicodine6-nicotinyldihydrocodeine5 gm100 gm
85Nicomorphine3,6-dinicotinylmorphine2 gm50 gm
86Noracymethadol(+-)-alpha-3-acetoxy-6-methylamino-4,4-diphenylheptane2 gm50 gm
87NorcodeineN-demethykodeine5 gm100 gm
88Norlevorphanol(-)-3-hydroxymorphinan2 gm50 gm
89Normethacone6-dimethylamino-4,4-diphenyl-3-hexanone5 gm100 gm
90NormorphirteDernethylrnorphine or N-demethylated morphine2 gm50 gm
91Norpipanone4,4-diphenyl-6-piperidino-3-hexanone5 gm100 gm
92OpiumAnd any preparation containing opium25 gm2.5 kg
93Opium Derivatives[other than diacetyl morphine (heroin), morphine and those listed herein.]5 gm250 gm
94Oxycodone (DIHYDROXY CODEINONE)14-hydroxydihydrocodeinone2 gm50 gm
95Oxymorphone14-hydroxydihydromorphinone2 gm50 gm.
96Para-fluorofentanyl4-fluoro-N-(1-phenethyl-4-piperidyl) propionanilide0.005 gm0.1 gm.
97PEPAP1-phenethyl-4-phenyl-4-piperidinol acetate (ester)2 gm50 gm.
98Pethidine1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester10 gm200 gm.
99Pethidine intermediate A4-cyano-1-methyl-4-phenylpiperidine10 gm200 gm.
100Pethidine intermediate B4-phenylpiperidine-4-carboxylic acid ethyl ester10 gm200 gm.
101Pethidine intermediate C1-methyl-4-phenylpiperidine-4-carboxylic acid10 gm200 gm.
102Phenadoxone6-morpholino-4, 4-diphenyl-3-heptanone5 gm100 gm.
103PhenampromideN-{1-methyl-2-piperidinoethyl) -propionanilide5 gm100 gm.
104Phenazocine2-hydroxy-5, 9-dimethyl-2-phenethyl-6, 7-benzomorphan1 gm20 gm.
105Phenomorphan3-hydroxy-N-phenethylmorphinan5 gm100 gm.
106Phenoperidine1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4 carboxylic acid ethyl ester2 gm50 gm.
107Pholcodine (NOMOCODEINE, HYBERNIL)Morpholinylethylmorphine5 gm100 gm.
108Piminodine4-phenyl-1-{3-phenylaminopropyl)-piperidine-4 carboxylic acid ethyl ester5 gm100 gm.
109Piritramide1{3-cyano-3, 3-diphenylpropyl)-4-(1-piperidino) piperidine-4-carboxylic acid amide2 gm50 gm.
110Poppy straw1000 gm50 kg.
111Preparations made from the extract of tincture of Indian Hemp5 gm100 gm.
112Proheptazine1, 3-dimethyl-4-phenyl-4-propionoxyazacycloheptane2 gm50 gm.
113Properidine1-methyl-4-phenylpiperidine-4-carboxylic acid Isopropylester2 gm50 gm.
114PropiramN-{1-methyl-2-piperidinoethyl)-N-2-pyridylpropionamide10 gm200 gm
115Racemethorphan(+-)3-methoxy-N-methylmorphinan2 gm50 gm.
116Racemoramide(+-)-4-(2-methyl-4-oxo-3, 3-diphenyl-4-(1-pyrolidinyl) butyl}-morpholine2 gm50 gm.
117Racemorphan(t+-)-3-hydroxy-N-methylmorphinan2 gm50 gm.
118SufentanilN{4(methoxymethyl)-1-{2-(2-thienyl)-ethyl}4 piperidyl]propionanilide0.005 gm0.1 gm.
119ThebaconAcetyldihydrocodeinone2 gm50 gm.
120Thebaine3, 6-Dimethoxy-4, 5-epoxy-9a-methyl morphine-6, 8-dierne2 gm100 gm.
121ThiofentanylNH1-(2-(2-thienyl) ethyll-4piperidyllpropionanilide0.005 gm0.1 gm.
122Tilidine(t-)-ethyl-trans-2-(dimethylamino)-1-phenyl-3 cyclohexene-1-carboxylate10 gm200 gm.
123Trimeperidine1, 2, 5 -trimethyl-4-phenyl-4-propionoxypiperidine10 gm200 gm.
124BROLAMFETAMINE (DOB)(+-4)-4bromo-2, 5-dimethoxy-alpha-methylphenethylamine0.5 gm10 gm.
125CATHINONE(x)-(s)-2-aminopropiophenone2 gm50 gm.
126(DET)3-(2-(diethylamino) ethyllindole, N,N,Diethyltryptamine0.1 gm2 gm.
127(DMA)(+)-2, 5-dimethoxy-alpha-methylphenethylamine0.5 gm10 gm.
128(DMHP)3-(1,2-dimethylheptyl)-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzolb, dlpyran-1-ol2 gm50 gm.
129(DMT)3-{2-(dimethylamino) ethyljindole, N, N, Dimethyltryptamine0.1 gm2 gm.
130(DOET)(+-4ethyl-2, 5-dimethoxy-alpha-phenethylamine0.5 gm10 gm.
131ETICYCLIDINE (PCE)N-ethyl-Iphenylcyclohexylamine2 gm50 gm.
132ETRYPTAMINE3-(2-aminobutyl)indole2 gm50 gm.
133LYSERGIDE (lSD, LSD-25)9, 10-didehydro-N, Ndiethyl-6-methylergoline-8 Beta-carboxamide0.002 gm0.1 gm.
134(MDMA, Ecstacy)(+)-N, alpha-dimethyl-3,4-(methylene-dioxy)phenethylamine0.5 gm10 gm.
135(mescaline)3,4,5,-trimethoxyphenethylamine5 gm100 gm
136METHCATHINONE2-(methylamino)-l-phernylpropan-l-one2 gm50 gm.
137(4-methylaminorex)(+)-cis-2-amino-4-methyl-5-phenyl-2-0xazoline0.5 gm10 gm.
138(MMDA, ECSTACY)2-methoxy-alpha-methyl-4,5-(methyienedioxy) phenethylamine0.5 gm10 gm.
139(4MTA)Alpha-Methyl-4-Methyithiophenethylamine0.5 gm10 gm.
140(N-ethyl MDA)(+–N-ethyl-alpha-methyi-3,4-(methylenedioxy) phenethylamine0.5 gm10 gm.
141(N-hydroxy MDA)(+-)-N-{alpha-methyl-3,4(methylenedioxy) phenethyl}hydroxylamine0.5 gm10 gm.
142(Parahexyl)3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H dibenzo[b,d]pyran-1-012 gm50 gm.
143(PMA)p-methoxy-alpha-methylphenethylamine0.5 gm10 gm.
144(Psilocine, psilotsin)3-(2-(dimethylamino)ethyllindol-4-ol2 gm50 gm.
145PSILOCYBINE3-[2-(dimethylamino)ethylindol-4-yldihydrogen phosphate2 gm50 gm.
146ROLICYCLIDINE (PHP, PCPY)-l-phenylcycolhexyi)pyrrolidine2 gm50 gm.
147(STP, DOM)2,5-dimethoxy-alpha,4-dimethylphenethylamine0.5 gm10 gm.
148TENAMFETAMINE (MDA)Alpha-methyl-3,4-(methylenedioxy) phenethylamine0.5 gm10 gm.
149TENOCYCLIDINE (TCP)1-[1-(2-thienyl)cyclohexyllpiperidine2 gm50 gm.
150(Tetrahydrocannabinol)The following isomers and their stereochemical variants: 7,8,9 ,10-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo
[b,dJpyran+ol (9R, !OaR)-8,9,10,!0a-tetrahydro-6,6, 9-trimethyl-3-pentyl-6H-dibenzo [b,dJpyranl-ol (6aR, 9R,
10aR}-6a,9 ,I 0,lOa-tetrahydro-6,6,9-trimethyl- 3-pentyi-6H-dibenzo[b,d ]pyran-1-ol (6aR, I OaR)-6a,7,IO, 1 Oa-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo Jb,d]pyran-1-ol 6a,7,8,9-tetrahydro-6,6,9-trimethyl-3-pentyl· 6H-dibenzo[b,dJpyran-l–ol (6aR, 10aR)-6a,7,8,9,10, 10a-hexahydro-6,6-dimethyl-9-methylene, 3-pentyl-6H-dibenzolb,d] pyran-l-ol
2 gm50 gm
151(TMA)(+)-3,4,5-trimethoxy-alpha-methylphenethylamine0.5 gm10 gm.
152AMFETAMINE  (Amphetamine)(+)-alpha-methylphenethylamine2 gm50 gm.
153(2 C-B)4-bromo-2,5-dimethoxyphenethylamine0.5 gm10 gm.
154DEXAMFETAMINE (Dexamphetamine)(+)-alpha-methylphenethylamine2 gm10 gm.
155FENETYLLINE (fenethylline)7-12-{(alpha-methylphenethyl)aminolethyl]theophylline0.5 gm10 gm.
156LEVAMFETAMINE (levamfetamine)(x)-(R}-alpha-methylphenethylamine2 gm50 gm.
157(levomethamphetamine)(x)-N,alpha-dimethylphenethylamine2 gm50 gm.
158MECLOQUALONE3-(o-chlorophenyl)-2-methyl-4(3H)-quinazolinone20 gm500 gm.
159METAMFETAMINE (Methamphetamine)()-(S)-N,alpha-dimethylphenethylamine, (+)2methylamino-1-Phenylpropane2 gm50 gm.
160METAMFETAMINE RACEMATE (methamphetamine racemate)(+)-N, alpha-dimethylphenethylamine2 gm50 gm
161METHAQUALONE2-methyl-3-o-toiyl-4(3H)-quinazolinone20 gm500 gm
162METHYLPHENIDATEMethyl alpha-phenyl-2-piperidineacetate2 gm50 gm.
163PHENCYCUDINE (P.C.P.)1-(1-phenylcyclohexyl)piperidine2 gm50 gm.
164PHENMETRAZINE3-methyl-2-phenylmorpholine5 gm100 gm.
165SECOBARBITAL5-allyl-5-(1-methylbutyl)barbituric add20 gm500 gm.
166DRONABINOL (Delta-9-tetrahydro- cannabinol and its stereochemical variants)(6aR, 1 OaR)-6a,7,8, lfu-tetrahydro-6,6,’:l.trimethyl-3- pentyl-6H-dibenzo[b,djpyran-1-ol2 gm50 gm.
167ZIPEPROLAlpha-(alpha-methoxybenzyl)-4- (Betamethoxyphenethyl}-1-piperazineethanol5 gm100 gm.
168AMOBARBITAL5-ethyl-5-isopentylbarbituric acid20 gm500 gm.
169BUPRENORPHINE21-cydopropyl-7-alpha-[(S)-1-hydroxy-I,2;2.,-trimethylpropyll-6,14,endo-ethano-6,7,8,14-tetrahydrooripavine1 gm20 gm.
170BUTALBITAL5-allyl-5-isobutylbarbituric acid20 gm500 gm.
171CATHINE ((+)-norpseudoephedrine){+)-{R)-alpha-[(R)-1-aminoethyl]benzyl alcohol2 gm50 gm.
172CYLOBARBITAL5-(1-cydohexen-l-yl)-5-ethylbarbituric acid20 gm500 gm.
173FLUNITRAZEPAM5-(0-fluorophenyl)-1,3-dihydro-1-methyl-7-Nitro-2H-l,4-benzodiazepin-2-one20 gm100 gm.
174GLUTETHIMIDE2-ethyl-2-phenylglutarioide20 gm500 gm.
175PENTAZOCINE(2R,6R, llR}-1,2,3,4,5,6,-HEXAHYDRO.(-,ll-dimethyl-3-(3-methyl-2-butenyl)-2,6,-methano-3- benzazodn-8-ol20 gm500 gm.
176PENTOBARBITAL5-ethyl-5-(1-methylbutylJb.lrbitwic acid20 gm500 gm.
177ALLOBARBITAL5,5-diallyl barbituric acid20 gm100 gm.
178ALPRAZOLAM8-chloro-l-methyl-6-phenyl-4H-s-triazo\o 14,3-a] l1,4]benzodiazepine5 gm100 gm.
179AMFEPRAMONE (diethylpropion)2-(diethylamino)propiophenone10 gm250 gm.
180AMINOREX2-amino-5-phenyl-2-oxazoline5 gm100 gm.
181BARBITAL5,5-diathylbarbitwic acid20 gm500 gm.
182BENZFETAMINEN-benzyl-N, alpha-dimethylphenethylamine20 gm500 gm.
183BROMAZEPAM7-bromo- l,3-dihydro-5-(2-pyridyl}-2H· l,4-benodiazepin-2-one20 gm500 gm.
184(butobarbital)5-butyi-5-ethylbarbitwic acid20 gm500 gm.
185BROTIZOLAM2-bromo-4-(o-chlorophenyl)-9-methyl-6H-thieno[3,2-f]-s-triazoloJ4,3-aJl1,4)djazepine5 gm100 gm.
186CAMAZEPAM7-chloro-1,3-dihydro-3-hydroxy–methyl-5-phenyl 2H-1,4-benzodiazepin-2-one dimethylcarbamate (ester)20 gm500 gm
187CHLORDIAZEPOXIDE7-chloro-2-(methylamino)-5-phenyl-3H-1, 4-benzodiazepine-4-oxide20 gm500 gm
188CLOBAZAM7-chloro-l-methyl-5-phenyl-1H-1,5-benzodiazepine 2,4(3H, 5H)-dione10 gm250 gm
189CLONAZEPAM5-(o-chlorophenyl)-1,3-dihydro-7-nitro-2H-1, 4-benzodiazepin-2-one5 gm100 gm
190CLORAZEPATE7-chloro-2,3,-dihydro-2-oxo-5-phenyl-1H-1, 4-benzodiazepine-3-carboxylic acid10 gm250 gm
191CLOTIAZEPAM5-{o-chlorophenyl-7-ethyl-1,3-dihydro-1-methyl 2H-thieno10 gm250 gm
192CLOXAZOLAM10-chloro-11b-(o-chlorophenyl)-2,3,7,11b tetrahydroxazolo-[3,2-l(1,4]benzodiazepin-6(5H)-one5 gm100 gm
193DELORAZEPAM7-chloro-5-(o-chlorophenyl)-1,3-dihydro-2H-1, 4-benzodiazepin-2-one5 gm100 gm
194DIAZEPAM7-chloro-1,3-dihydro-1-methyl-5-phenyi-2H-1, 4-benzodiazepin-2-one20 gm500 gm
195ESTAZOLAM8-chloro-6-phenyl-4H-s-triazolo[4,3-a<[1,4]benzodiazepine5 gm100 gm
196ETHCHLORVYNOL1-chloro-3-ethyl-1-penten-4-yn-3-ol20 gm500 gm
197ETHINAMATE1-ethynylcyclohexanol carbamate20 gm500 gm
198ETHYL LOFLAZEPATEEnthyl-7-chloro-5-(o-fluorophenyl)-2, 3-dihydro-2-oxo-1H-1,4benzodiazepine-3-carboxylate10 gm250 gm
199ETILAMFETAMINE (N-ethylamphetamine)N-ethyl-alpha-methylphenethylamine2 gm50 gm
200FENCAMFAMINN-ethyl-3-phenyl-2-norborananamine2 gm50 gm
201FENPROPOREX(+-)-3-(alpha-methylphenethyl)aminolpropionitrile2 gm50 gm
202FLUDIAZEPAM7-chloro-5-(o-flurophenyl}-1,3-dihydro-1-methyl 2H-l,4-benzodiazepin•2-one5 gm100 gm
203FLURAZEPAM7-chloro-1-{2-(diethylamino)ethyl]-5- (o-Ourophenyl}-l,3-dihydro-2H-l-l, 4-benzodiazepin-2-one5 gm100 gm
204(GHB)y-Hydroxybutyric Acid10 gm250 gm
205HALAZEPAM7-chloro-1,3-dihydro-5-phenyl-1-1 (2,2,2-_trifluroethyl)-2H-1,4-benzodiazepin-2-one20 gm500 gm
206HALOXAZOLAM10-bromo-11b-(o-flurophenyl)-2,3,7,1 1b tetrahydrooazolo[3,2-d}[1,4Jbenzodiazepin-6(5H)- one20 gm500 gm
207KETAZOLAM11-chloro-8, t2b-dihydro-2,8-dimethyl-t2b-phenyl-4H-[1,3Joxazmo(3,2-d] . [1,4]Benzodiazepine-4,7(6H)-dione10 gm250 gm
208LEFETAMINEx-N,N-dimethyl-1,2,-diphenylethylamine10 gm250 gm
209LOPRAZOLAM6-(o-chlorophenyl)-2,4-dihydro 2-4(4-methyl-1 piperazinyl)methylene]-8-nirtro-1H-imidazo [1,2-a][1,4]benzodiazepin-1-one5 gm100 gm
210LORAZERAM7-chloro-5-{o-chlorophenyl)-1,3-dihydro-3-hydroxy 2H-14-benzodiazepin-2-one10 gm250 gm
211LORMETAZEPAM7-chloro-5-(ochlorophenyl)-1,3-dihydro-3-hydroxy l-methyl-2H-14benzodiazepin-2-one10 gm250 gm
212MAZINDOL5-(p-chlorophenyl)-2,5-dihydro-314-imidazo (2,1-alisindol-5-ol10 gm250 gm
213MEDAZEPAM7-chloro-2,3-dihydro-l-methyl-5-phenyl-1H-1, 4-benzodiazepine20 gm500 gm
214MEFENOREXN-(3-chloropropyl)-alpha-methylphenethylamine)2 gm50 gm
215MEPROBAMATE2-methyl-2propy11-1,3-propanedio dicarbamate20 gm500 gm
216MESOCARB3-(alpha-methylphenethyyl)-N-(phenylcarbamoyl) sydnone imine5 gm100 gm
217METHYLPHENOBARBITAL5-ethyl-1-methyl-5-phenylbarbituric acid20 gm500 gm
218METHYPRYLON3,3-diethyi 15-methyl-2,4-piperidinedione20 gm500 gm
219MIDAZOLAM8-chloro-6-ofluorophenyl)-1-methyl-4H imidazo[1,5-al[1,4]benzodiazepine20 gm500 gm
220NIMETAZEPAM1,3-dihydro-1-methy-7-nitro-5-phenyl-2H-1, 4-benzodiazepin-2-one10 gm250 gm
221NITRAZEPAM1,3-dihydro-7-nitro-5-phenyl-2H-14-benzodiazepin-2-one20 gm500 gm
222NORDAZEPAM7-chloro-1,3-dihydro-5-phenyl-2H-14-benzodiazepin-2-one20 gm500 gm
223OXAZEPAM7-chloro-1,3-dihydro-3-hydroxy-5-phenyl-2H-1, 4-benzodiazepin-2-one20 gm500 gm
224OXAZOLAM10-chloro-2,3,7,llb-tetrahydro-2-methyl-11 b- phenvloxazolol3,2-d][1,4] benzodiazepin-6{5H)-one20 gm500 gm
225PEMOLINE2-amino-5-pheny\·2-oxazolm-4-one(-2-imino-5- hen 1-4-oxazolidinone)2 gm50 gm
226PHENDIMETRAZINE(+)-(25,35)-3,4-dimethyl-2-phenylmorphohne20 gm500 gm
227PHENOBARBITAL5-ethyl-5-phenylbarbituric acid20 gm500 gm
228PHENTERMINEAlpha,alpha-dimethylphenethylamine20 gm500 gm
229PINAZEPAM7-chloro-1,3-dihydro-5-phenyl-1 (2-propynyl)-2H-1,4-benzodiazepin-2-one10 gm250 gm
230PIPRADROL1,1-diphenyl-1-(2piperidyl)-methanol20 gm500 gm
231PRAZEPAM7-chloro-1(cyclopropylmethyl)-1,3-dihydro-5-phenyl-2H-1,4-benzodiazepin-2-one20 gm500 gm
232PYROVALERONE4-methyl-2-(1-pyrrolidinyl)valerophenone2 gm50 gm
233SECBUTABARBITAL5-sec-butyl-5-ethylbarbituric acid20 gm500 gm
234TEMAZEPAM7-chloro-1,3,dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one20 gm500 gm
235TETRAZEPAM7-chloro-5(1-cyclohexen-1-yl)-1,3,dihydro-1-methyl-2H-1,4-benzodiazepin-2-one20 gm500 gm
236TRIAZOLAM8-chloro-6(0-chlorophenyl)-1methyl-4H-s-triazolo[4,3 a][1,4]benzodiazepine5 gm100 gm
237VINYLBITAL5-(1-methylbutyl)-5-vinylbarbituric acid20 gm500 gm
238ZOLPIDEMN,N,6-trimethyl-2-p-tolylimidazo[1,2-alpha] pyridine-3-acetamide10 gm250 gm
239Any mixture or preparation……………………..

Lesser of the small quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture. ** Lesser of the Commercial quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture.

Note.-1. The small quantity and the commercial quantity given against the respective drugs listed above apply to isomers, within specific chemical designation, the esters, ethers, and salts of these drugs, including salts of esters, ethers, and isomers; whenever the existence of such substance is possible.

  • The quantities shown against the respective drugs listed above also apply to the preparations of the drug and the preparations of substances of note 1 above.
  • “Small Quantity” and “Commercial Quantity” with respect to the cultivation of opium poppy is not specified separately as the offence in this regard is covered under clause (c) of section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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Frequently Asked Questions

1. What is the NDPS Act?

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, is a law in India that regulates the production, possession, sale, and transport of narcotic drugs and psychotropic substances.

2. What is the difference between small quantity and commercial quantity under the NDPS Act?

Under the NDPS Act, small quantity refers to a lesser amount of a drug, while commercial quantity is a much larger amount. The law prescribes different punishments based on the quantity involved.

3. How is the quantity of drugs determined under the NDPS Act?

The government has specified the small and commercial quantity limits for different drugs in the NDPS (Second Amendment) Rules, 2001. The quantity is measured in weight (grams/kilograms) or volume (liters).

4. What are some examples of small and commercial quantities of drugs under the NDPS Act?

Here are a few examples:

  • Heroin (Diacetylmorphine): Small – 5g | Commercial – 250g
  • Cocaine: Small – 2g | Commercial – 100g
  • Methamphetamine: Small – 2g | Commercial – 50g
  • Ganja (Cannabis): Small – 1kg | Commercial – 20kg

5. What is the punishment for possessing a small quantity of drugs?

For small quantity possession, the punishment is:

  • Up to 1 year of imprisonment or
  • A fine of up to ₹10,000, or both.

6. What is the punishment for possessing an intermediate quantity of drugs?

For intermediate quantity (more than small but less than commercial), the punishment is:

  • Up to 10 years of imprisonment and
  • A fine of up to ₹1 lakh.

7. What is the punishment for possessing a commercial quantity of drugs?

For commercial quantity possession, the punishment is:

  • 10 to 20 years of rigorous imprisonment and
  • A fine of ₹1 lakh to ₹2 lakh.

8. Does the NDPS Act allow bail for drug offenses?

For small quantity cases, bail is generally granted. However, for commercial quantity offenses, bail is difficult since these are non-bailable offenses.

9. Can a first-time offender get leniency under the NDPS Act?

Yes, first-time offenders caught with small quantities may get rehabilitation instead of punishment under Section 64A of the NDPS Act.

10. Are all drugs covered under the NDPS Act?

Yes, the NDPS Act covers all narcotic drugs and psychotropic substances listed in the schedule of the Act.

11. Is consumption of drugs also punishable under the NDPS Act?

Yes. The penalty for drug consumption depends on the type of drug:

  • Narcotic drugs: Up to 1-year imprisonment or ₹20,000 fine.
  • Psychotropic substances: Up to 6 months imprisonment or ₹10,000 fine.

12. Can a person be arrested for possessing drugs for personal use?

Yes, but if the amount is a small quantity, the court may allow de-addiction treatment instead of punishment.

13. What is the role of law enforcement agencies under the NDPS Act?

Authorities like the Narcotics Control Bureau (NCB), state police, and DRI (Directorate of Revenue Intelligence) have the power to search, seize, and arrest individuals involved in drug offenses.

14. Can an accused person’s assets be seized under the NDPS Act?

Yes. Under Section 68F, authorities can seize and forfeit assets and properties acquired from drug trafficking activities.

15. Has the NDPS Act been amended?

Yes, the Act has been amended multiple times, including in 1989, 2001, and 2014, to strengthen drug laws and provide some relief for minor offenses.