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

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

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 license Rigorous imprisonment-up to 10 years + fine up to Rs.1 lakh Opium –  18(c) Cannabis – 20 Coca-16
Embezzlement of opium by licensed farmer Rigorous 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 substances Small 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 Lakhs Prepared opium-17 Opium – 18 Cannabis – 20 Manufactured drugs or their preparations-21 Psychotropic substances -22
Import, export or transhipment of narcotic drugs and psychotropic substances Same as above 23
External dealings in NDPS-i.e. engaging in or controlling trade whereby drugs are obtained from outside India and supplied to a person outside India Rigorous 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 offence Same as for the offence 25
Violations pertaining to controlled substances (precursors) Rigorous imprisonment up to 10 years + fine Rs. 1 to 2 lakhs 25A
Financing traffic and harboring offenders Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 lakhs 27A
Attempts, abetment and criminal conspiracy Same as for the offence Attempts-28 Abetment and criminal conspiracy – 29
Preparation to commit an offence Half the punishment for the offence 30
Repeat offence One and half times the punishment for the offence. Death penalty in some cases. 31 Death – 31A
Consumption of drugs Cocaine, 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 prosecution 27 Immunity – 64A
Punishment for violations not elsewhere specified Imprisonment up to six months or fine or both 32

 

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, 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 Name Small Quantity (gm) Commercial Quantity (gm/kg)
1 Acetorphine 3-0-acetyltetrahydro-7-alpha-(l-hydroxy-l-methylbutyt)-6, l4-endoetheno-oripavine 2 gm 50 gm
2 Acetyl-alpha-methylfentanyl N-[-(alpha-methylphenethyl)-4-piperidy]l acetanilide 0.005 gm 0.1 gm
3 Acetyldihydrocodeine Acetyldihydrocodeine 5 gm 100 gm
4 Acetylmethadol 3-acetoxy-6-dimethylamino-4, 4diphenylheptane 2 gm 50 gm
5 Alfentanil N-[1-[2-( -ethyl-4, 5-dihydro-S-oxo-l H-tetrazol-t-yt) ethyll-4-(methoxymethyl)-4-piperidinyll -N- phenylpropanamide 0.005 gm 0.1 gm
6 Allyprodine 3-allyl Imethyl-4-phenyl-4-propionoxypiperidine 2 gm 50 gm
7 alphacetylmethadol Alpha-3-acetoxy-6-dimethylamino-4, 4-diphenylheptane 5 gm 100 gm
8 Alphameprodine Alpha-3-ethyl-l-methyl-4-phenyl-4-propionoxypiperidine 2 gm 50 gm
9 Alphamethadol Alpha-6-dimethylamino-4, 4-diphenyl-3-heptanol 2 gm 50 gm
10 Alphamethylfentanyl N-[1(alpha-methylphenethyl)-4-piperidyl]propionanilide 0.005 gm 0.1 gm
11 Alphamethylthiofentanyl N-[1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidyll propionanilide 0.005 gm 0.1 gm
12 Alphaprodine Alpha-1, 3-dimethyl-4-phenyl-4-propionoxypiperidine 5 gm 100 gm
13 Anileridine 1-para-aminophenethyl-4-phenylpiperidine4-carboxylic acid ethyl ester 2 gm 50 gm
14 Benzethidine 1-(2-benzyloxyethyl)-4-phenylpiperidine-4-carbolxylic acid ethyl ester 5 gm 100 gm
15 Benzylmorphine 3-0-benzylmorphine 2 gm 50 gm
16 Betacetylemethadol Beta-3-acetoxy-6-dimethylamino-4, 4-dipenylheptane 2 gm 50 gm
17 Beta-hydroxfentanyl N-[1-(beta-hydroxyphenethyl)-4-piperidyl] propionanilide 0.005 gm 0.1 gm
18 Beta-hydroxy-3-methyl fentanyl N-[1-(beta-hydroxyphenethyl)-3-methyl-4-piperidyl]propionanilide 0.005 gm 0.1 gm
19 Betameprodine Beta-3-ethvl-1 -methvl-4-pheny l-4-propionoxypiperidine 5 gm 100 gm
20 Betamethadol Beta-6-dimethylamino-4, 4-diphenyl-3-heptanol 2 gm 50 gm
21 Betaprodine Beta-1, 3-dimethyl-4-phenyl-4-propionoxy-piperidine 5 gm 100 gm
22 Bezitramide 1-(3-cyano-3, 3-diphenylpropyl)-4-(2-oxo-3-propionyl-1-benzimidazolinyl)-piperidine 5 gm 100 gm
23 Cannabis and cannabis resin (CHARAS, HASHISH) EXTRACTS and TINCTURES OF CANNABIS 100 gm 1 Kg
24 Clonitazene 2-para-ch.lorbenzyl-l-diethylaminoethyl-5- nitrobenz1midazole 2 gm 50 gm
25 Coca derivatives (excluding cocaine) and its salts 2 gm 50 gm
26 Coca leaf 100 gm 2 kg
27 Cocaine Methyl ester of benzoylecgonine 2 gm 100 gm
28 Codeine 3-0-methylmorphine 10 gm 1 Kg
29 Codoxime Dihydrocodienone-6-carboxymethyloxime 5 gm 100 gm
30 Concentrate of poppy straw The material arising when poppy straw has entered into a process for the concentration of its alkaloids when such material is made available in trade 20 gm 500 gm
31 Desomorphine (PERMONID, SCOPERMID) Dihydrodeoxymorphine 2 gm 50 gm
32 Dextromoramide (+)-4-[2-methyl-4-oxo-3, 3-diphenyl-4-( 1-pyrrolidinyl) butyl-morpoline 1 gm 20 gm
33 Dextropropoxyphene Alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl 20 gm 500 gm
34 Diampromide N-[2-(methylphenethylamino)-propyl] propionanilide 2 gm 50 gm
35 Diethylthiambutene (THEMALON) 3-diethylamino-1, 1-di-(2-thienyl)-1-butene 5 gm 100 gm
36 Difenoxin (Diphenoxylic acid) 1-(3-cyano-3, 3-diphenylpropyl)-4-phenylisonipecotic acid 2 gm 50 gm
37 Dihydrocodeine Dihydro codeine 10 gm 200 gm
38 Dihydromorphine (PARAMORFAN) 5 gm 100 gm
39 Dihydroxy Dihydro morphinone 1 gm 20 gm
40 Dimenoxadol 2-dimethylaminoethyl-1-ethoxy-1, 1-diphenylacetate 2 gm 50 gm
41 Dimepheptanol 6-dimethylamino-4, 4-diphenyl-3-heptanol 5 gm 100 gm
42 Dimethylthiambutene 3-dimethylamino-1, 1-di-(2-thienyl)-1-butene 5 gm 100 gm
43 Dioxaphetyl butyrate Ethyl-4-morpholino-2, 2-diphenylbutyrate 2 gm 50 gm
44 Diphenoxylate 1-(3-cyano-3, 3-diphenylpropyl)-4-phenylpiperidine 2 gm 50 gm
45 Dipipanone 4, 4-diphenyl-6-piperidine-3-heptanone 5 gm 100 gm
46 Drotebanol 3, 4-dimethoxy-17-methylmorphinan-6-beta-14-diol 1 gm 20 gm
47 Ecgonine Its esters and derivatives which are convertible to ecgonine and cocaine 2 gm 50 gm
48 Ethylmethylthiambutene 3-ethylmethylamino-1, 1-di-(2-thienyl)-1-butene 2 gm 50 gm
49 Ethylmorphine (DIONINE) 3-0-ethylmorphine 10 gm 200 gm
50 Etonitazene 1-diethylaminoethyl-2-para-ethoxybenzyl-5-nitrobenzimidazole 2 gm 50 gm
51 Etorphine Tetrahydro-7-alpha-(1-hydroxy-1-methylbutyl)-6, 14-endoetheno-oripavine 5 gm 100 gm
52 Etoxeridine 1-[2-(2-hydroxyethoxy)-ethyl]-4-phenylpiperidine-4-carboxylic acid ethyl ester 2 gm 50 gm
53 Fentanyl 1-phenethyl-4-N-propionylanilinopiperidine 0.005 gm 0.1 gm
54 Furethidine 1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester 1 gm 20 gm
55 Ganja 1000 gm 20 kg
56 Heroin Diacetylmorphine 5 gm 250 gm
57 Hydrocodone (DICODIDE, CODINOVO, DICONONE, HYCODAN, MULTACODIN, NYCODIDE) Dihydrocodeinone 1 gm 20 gm
58 Hydromorphinol 14-hydroxydihydromorphine 2 gm 50 gm
59 Hydromorphone (DILAUDIDE, DIMORPHID, NOVALAUDON) Dihydromorphinone 1 gm 20 gm
60 Hydroxypethidine 4-meta-hydroxyphenyl-1-methylpiperidine-4-carboxylic acid ethyl ester 5 gm 100 gm
61 Isomethadone 6-dimethylamino-5-methyl-4, 4-diphenyl-3-hexanone 2 gm 50 gm
62 Ketobemidone 4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine 2 gm 50 gm
63 Levomethorphan (-)-3-methoxy-N-methylmorphinane 2 gm 50 gm
64 Levomoramide (-)-4-[2-methyl-4-oxo-3, 3-diphenyl-4-(1-pyrrolidinyl) butyl]morpholine 2 gm 50 gm
65 Levophenacylmorphan (1)-3-hydroxy-N-phenacylmorphinan 2 gm 50 gm
66 Levorphanol (LEVORPHAN) (-)-3-hydroxy-N-methylmorphinan 1 gm 20 gm
67 Metazocine 2-hydroxy-2,5,9-trimethyl-6,7-benzomorphan 5 gm 100 gm
68 Methadone 6-dimethylamino-4,4-diphenyl-3-heptanone 2 gm 50 gm
69 Methadone intermediate 4-cyano-2-dimethylamino-4,4-diphenyl-Butane 2 gm 50 gm
70 Methyldesorphine 6-methyl-delta-6-deoxymorphine 2 gm 50 gm
71 Methyldihydromorphine 6-methyldihydromorphine 2 gm 50 gm
72 3-methylfentanyl N-(3-methyl-1-phenethyl-4-piperidyl) propionanilide 0.005 gm 0.1 gm
73 3-methylthiofentanyl N-(3-methyl-1-(2-(2-thienyl) ethyl]-4-piperidyl] propionanilide 0.005 gm 0.1 gm
74 Metopon 5-methyldihydromorphinone 2 gm 50 gm
75 Moramide intermediate 2-methyl-3-morpholino-1,1-diphenylpropane carboxylic acid 5 gm 100 gm
76 Morpheridine 1-(2-morpholinoethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester 2 gm 50 gm
77 Morphine Morphine 5 gm 250 gm
78 Morphine methobromide And other pentavalent nitrogen morphine derivatives, including in particular the morphine-N-oxide derivatives, one of which is codeine-N-oxide 2 gm 50 gm
79 Morphine-N-oxide (GENOMORPHINE N-OXYMORPHINE) 2 gm 50 gm
80 MPPP 1-methyl-4-phenyl-4-piperidinol propionate (ester) 2 gm 50 gm
81 Myrophine Myristylbenzylmorphine 5 gm 100 gm
82 N-cyclopropyl methyl-7,8-dihydro-7-(1-hydroxy-1 methyl-ethyl) 0 methyl-6-14-endoethanonormorphine 5 gm 100 gm
83 Nicocodine 6-nicotinylcodeine 10 gm 200 gm
84 Nicodicodine 6-nicotinyldihydrocodeine 5 gm 100 gm
85 Nicomorphine 3,6-dinicotinylmorphine 2 gm 50 gm
86 Noracymethadol (+-)-alpha-3-acetoxy-6-methylamino-4,4-diphenylheptane 2 gm 50 gm
87 Norcodeine N-demethykodeine 5 gm 100 gm
88 Norlevorphanol (-)-3-hydroxymorphinan 2 gm 50 gm
89 Normethacone 6-dimethylamino-4,4-diphenyl-3-hexanone 5 gm 100 gm
90 Normorphirte Dernethylrnorphine or N-demethylated morphine 2 gm 50 gm
91 Norpipanone 4,4-diphenyl-6-piperidino-3-hexanone 5 gm 100 gm
92 Opium And any preparation containing opium 25 gm 2.5 kg
93 Opium Derivatives [other than diacetyl morphine (heroin), morphine and those listed herein.] 5 gm 250 gm
94 Oxycodone (DIHYDROXY CODEINONE) 14-hydroxydihydrocodeinone 2 gm 50 gm
95 Oxymorphone 14-hydroxydihydromorphinone 2 gm 50 gm.
96 Para-fluorofentanyl 4-fluoro-N-(1-phenethyl-4-piperidyl) propionanilide 0.005 gm 0.1 gm.
97 PEPAP 1-phenethyl-4-phenyl-4-piperidinol acetate (ester) 2 gm 50 gm.
98 Pethidine 1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester 10 gm 200 gm.
99 Pethidine intermediate A 4-cyano-1-methyl-4-phenylpiperidine 10 gm 200 gm.
100 Pethidine intermediate B 4-phenylpiperidine-4-carboxylic acid ethyl ester 10 gm 200 gm.
101 Pethidine intermediate C 1-methyl-4-phenylpiperidine-4-carboxylic acid 10 gm 200 gm.
102 Phenadoxone 6-morpholino-4, 4-diphenyl-3-heptanone 5 gm 100 gm.
103 Phenampromide N-{1-methyl-2-piperidinoethyl) -propionanilide 5 gm 100 gm.
104 Phenazocine 2-hydroxy-5, 9-dimethyl-2-phenethyl-6, 7-benzomorphan 1 gm 20 gm.
105 Phenomorphan 3-hydroxy-N-phenethylmorphinan 5 gm 100 gm.
106 Phenoperidine 1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4 carboxylic acid ethyl ester 2 gm 50 gm.
107 Pholcodine (NOMOCODEINE, HYBERNIL) Morpholinylethylmorphine 5 gm 100 gm.
108 Piminodine 4-phenyl-1-{3-phenylaminopropyl)-piperidine-4 carboxylic acid ethyl ester 5 gm 100 gm.
109 Piritramide 1{3-cyano-3, 3-diphenylpropyl)-4-(1-piperidino) piperidine-4-carboxylic acid amide 2 gm 50 gm.
110 Poppy straw 1000 gm 50 kg.
111 Preparations made from the extract of tincture of Indian Hemp 5 gm 100 gm.
112 Proheptazine 1, 3-dimethyl-4-phenyl-4-propionoxyazacycloheptane 2 gm 50 gm.
113 Properidine 1-methyl-4-phenylpiperidine-4-carboxylic acid Isopropylester 2 gm 50 gm.
114 Propiram N-{1-methyl-2-piperidinoethyl)-N-2-pyridylpropionamide 10 gm 200 gm
115 Racemethorphan (+-)3-methoxy-N-methylmorphinan 2 gm 50 gm.
116 Racemoramide (+-)-4-(2-methyl-4-oxo-3, 3-diphenyl-4-(1-pyrolidinyl) butyl}-morpholine 2 gm 50 gm.
117 Racemorphan (t+-)-3-hydroxy-N-methylmorphinan 2 gm 50 gm.
118 Sufentanil N{4(methoxymethyl)-1-{2-(2-thienyl)-ethyl}4 piperidyl]propionanilide 0.005 gm 0.1 gm.
119 Thebacon Acetyldihydrocodeinone 2 gm 50 gm.
120 Thebaine 3, 6-Dimethoxy-4, 5-epoxy-9a-methyl morphine-6, 8-dierne 2 gm 100 gm.
121 Thiofentanyl NH1-(2-(2-thienyl) ethyll-4piperidyllpropionanilide 0.005 gm 0.1 gm.
122 Tilidine (t-)-ethyl-trans-2-(dimethylamino)-1-phenyl-3 cyclohexene-1-carboxylate 10 gm 200 gm.
123 Trimeperidine 1, 2, 5 -trimethyl-4-phenyl-4-propionoxypiperidine 10 gm 200 gm.
124 BROLAMFETAMINE (DOB) (+-4)-4bromo-2, 5-dimethoxy-alpha-methylphenethylamine 0.5 gm 10 gm.
125 CATHINONE (x)-(s)-2-aminopropiophenone 2 gm 50 gm.
126 (DET) 3-(2-(diethylamino) ethyllindole, N,N,Diethyltryptamine 0.1 gm 2 gm.
127 (DMA) (+)-2, 5-dimethoxy-alpha-methylphenethylamine 0.5 gm 10 gm.
128 (DMHP) 3-(1,2-dimethylheptyl)-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzolb, dlpyran-1-ol 2 gm 50 gm.
129 (DMT) 3-{2-(dimethylamino) ethyljindole, N, N, Dimethyltryptamine 0.1 gm 2 gm.
130 (DOET) (+-4ethyl-2, 5-dimethoxy-alpha-phenethylamine 0.5 gm 10 gm.
131 ETICYCLIDINE (PCE) N-ethyl-Iphenylcyclohexylamine 2 gm 50 gm.
132 ETRYPTAMINE 3-(2-aminobutyl)indole 2 gm 50 gm.
133 LYSERGIDE (lSD, LSD-25) 9, 10-didehydro-N, Ndiethyl-6-methylergoline-8 Beta-carboxamide 0.002 gm 0.1 gm.
134 (MDMA, Ecstacy) (+)-N, alpha-dimethyl-3,4-(methylene-dioxy)phenethylamine 0.5 gm 10 gm.
135 (mescaline) 3,4,5,-trimethoxyphenethylamine 5 gm 100 gm
136 METHCATHINONE 2-(methylamino)-l-phernylpropan-l-one 2 gm 50 gm.
137 (4-methylaminorex) (+)-cis-2-amino-4-methyl-5-phenyl-2-0xazoline 0.5 gm 10 gm.
138 (MMDA, ECSTACY) 2-methoxy-alpha-methyl-4,5-(methyienedioxy) phenethylamine 0.5 gm 10 gm.
139 (4MTA) Alpha-Methyl-4-Methyithiophenethylamine 0.5 gm 10 gm.
140 (N-ethyl MDA) (+–N-ethyl-alpha-methyi-3,4-(methylenedioxy) phenethylamine 0.5 gm 10 gm.
141 (N-hydroxy MDA) (+-)-N-{alpha-methyl-3,4(methylenedioxy) phenethyl}hydroxylamine 0.5 gm 10 gm.
142 (Parahexyl) 3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H dibenzo[b,d]pyran-1-01 2 gm 50 gm.
143 (PMA) p-methoxy-alpha-methylphenethylamine 0.5 gm 10 gm.
144 (Psilocine, psilotsin) 3-(2-(dimethylamino)ethyllindol-4-ol 2 gm 50 gm.
145 PSILOCYBINE 3-[2-(dimethylamino)ethylindol-4-yldihydrogen phosphate 2 gm 50 gm.
146 ROLICYCLIDINE (PHP, PCPY) -l-phenylcycolhexyi)pyrrolidine 2 gm 50 gm.
147 (STP, DOM) 2,5-dimethoxy-alpha,4-dimethylphenethylamine 0.5 gm 10 gm.
148 TENAMFETAMINE (MDA) Alpha-methyl-3,4-(methylenedioxy) phenethylamine 0.5 gm 10 gm.
149 TENOCYCLIDINE (TCP) 1-[1-(2-thienyl)cyclohexyllpiperidine 2 gm 50 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 gm 50 gm
151 (TMA) (+)-3,4,5-trimethoxy-alpha-methylphenethylamine 0.5 gm 10 gm.
152 AMFETAMINE  (Amphetamine) (+)-alpha-methylphenethylamine 2 gm 50 gm.
153 (2 C-B) 4-bromo-2,5-dimethoxyphenethylamine 0.5 gm 10 gm.
154 DEXAMFETAMINE (Dexamphetamine) (+)-alpha-methylphenethylamine 2 gm 10 gm.
155 FENETYLLINE (fenethylline) 7-12-{(alpha-methylphenethyl)aminolethyl]theophylline 0.5 gm 10 gm.
156 LEVAMFETAMINE (levamfetamine) (x)-(R}-alpha-methylphenethylamine 2 gm 50 gm.
157 (levomethamphetamine) (x)-N,alpha-dimethylphenethylamine 2 gm 50 gm.
158 MECLOQUALONE 3-(o-chlorophenyl)-2-methyl-4(3H)-quinazolinone 20 gm 500 gm.
159 METAMFETAMINE (Methamphetamine) ()-(S)-N,alpha-dimethylphenethylamine, (+)2methylamino-1-Phenylpropane 2 gm 50 gm.
160 METAMFETAMINE RACEMATE (methamphetamine racemate) (+)-N, alpha-dimethylphenethylamine 2 gm 50 gm
161 METHAQUALONE 2-methyl-3-o-toiyl-4(3H)-quinazolinone 20 gm 500 gm
162 METHYLPHENIDATE Methyl alpha-phenyl-2-piperidineacetate 2 gm 50 gm.
163 PHENCYCUDINE (P.C.P.) 1-(1-phenylcyclohexyl)piperidine 2 gm 50 gm.
164 PHENMETRAZINE 3-methyl-2-phenylmorpholine 5 gm 100 gm.
165 SECOBARBITAL 5-allyl-5-(1-methylbutyl)barbituric add 20 gm 500 gm.
166 DRONABINOL (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-ol 2 gm 50 gm.
167 ZIPEPROL Alpha-(alpha-methoxybenzyl)-4- (Betamethoxyphenethyl}-1-piperazineethanol 5 gm 100 gm.
168 AMOBARBITAL 5-ethyl-5-isopentylbarbituric acid 20 gm 500 gm.
169 BUPRENORPHINE 21-cydopropyl-7-alpha-[(S)-1-hydroxy-I,2;2.,-trimethylpropyll-6,14,endo-ethano-6,7,8,14-tetrahydrooripavine 1 gm 20 gm.
170 BUTALBITAL 5-allyl-5-isobutylbarbituric acid 20 gm 500 gm.
171 CATHINE ((+)-norpseudoephedrine) {+)-{R)-alpha-[(R)-1-aminoethyl]benzyl alcohol 2 gm 50 gm.
172 CYLOBARBITAL 5-(1-cydohexen-l-yl)-5-ethylbarbituric acid 20 gm 500 gm.
173 FLUNITRAZEPAM 5-(0-fluorophenyl)-1,3-dihydro-1-methyl-7-Nitro-2H-l,4-benzodiazepin-2-one 20 gm 100 gm.
174 GLUTETHIMIDE 2-ethyl-2-phenylglutarioide 20 gm 500 gm.
175 PENTAZOCINE (2R,6R, llR}-1,2,3,4,5,6,-HEXAHYDRO.(-,ll-dimethyl-3-(3-methyl-2-butenyl)-2,6,-methano-3- benzazodn-8-ol 20 gm 500 gm.
176 PENTOBARBITAL 5-ethyl-5-(1-methylbutylJb.lrbitwic acid 20 gm 500 gm.
177 ALLOBARBITAL 5,5-diallyl barbituric acid 20 gm 100 gm.
178 ALPRAZOLAM 8-chloro-l-methyl-6-phenyl-4H-s-triazo\o 14,3-a] l1,4]benzodiazepine 5 gm 100 gm.
179 AMFEPRAMONE (diethylpropion) 2-(diethylamino)propiophenone 10 gm 250 gm.
180 AMINOREX 2-amino-5-phenyl-2-oxazoline 5 gm 100 gm.
181 BARBITAL 5,5-diathylbarbitwic acid 20 gm 500 gm.
182 BENZFETAMINE N-benzyl-N, alpha-dimethylphenethylamine 20 gm 500 gm.
183 BROMAZEPAM 7-bromo- l,3-dihydro-5-(2-pyridyl}-2H· l,4-benodiazepin-2-one 20 gm 500 gm.
184 (butobarbital) 5-butyi-5-ethylbarbitwic acid 20 gm 500 gm.
185 BROTIZOLAM 2-bromo-4-(o-chlorophenyl)-9-methyl-6H-thieno[3,2-f]-s-triazoloJ4,3-aJl1,4)djazepine 5 gm 100 gm.
186 CAMAZEPAM 7-chloro-1,3-dihydro-3-hydroxy–methyl-5-phenyl 2H-1,4-benzodiazepin-2-one dimethylcarbamate (ester) 20 gm 500 gm
187 CHLORDIAZEPOXIDE 7-chloro-2-(methylamino)-5-phenyl-3H-1, 4-benzodiazepine-4-oxide 20 gm 500 gm
188 CLOBAZAM 7-chloro-l-methyl-5-phenyl-1H-1,5-benzodiazepine 2,4(3H, 5H)-dione 10 gm 250 gm
189 CLONAZEPAM 5-(o-chlorophenyl)-1,3-dihydro-7-nitro-2H-1, 4-benzodiazepin-2-one 5 gm 100 gm
190 CLORAZEPATE 7-chloro-2,3,-dihydro-2-oxo-5-phenyl-1H-1, 4-benzodiazepine-3-carboxylic acid 10 gm 250 gm
191 CLOTIAZEPAM 5-{o-chlorophenyl-7-ethyl-1,3-dihydro-1-methyl 2H-thieno 10 gm 250 gm
192 CLOXAZOLAM 10-chloro-11b-(o-chlorophenyl)-2,3,7,11b tetrahydroxazolo-[3,2-l(1,4]benzodiazepin-6(5H)-one 5 gm 100 gm
193 DELORAZEPAM 7-chloro-5-(o-chlorophenyl)-1,3-dihydro-2H-1, 4-benzodiazepin-2-one 5 gm 100 gm
194 DIAZEPAM 7-chloro-1,3-dihydro-1-methyl-5-phenyi-2H-1, 4-benzodiazepin-2-one 20 gm 500 gm
195 ESTAZOLAM 8-chloro-6-phenyl-4H-s-triazolo[4,3-a<[1,4]benzodiazepine 5 gm 100 gm
196 ETHCHLORVYNOL 1-chloro-3-ethyl-1-penten-4-yn-3-ol 20 gm 500 gm
197 ETHINAMATE 1-ethynylcyclohexanol carbamate 20 gm 500 gm
198 ETHYL LOFLAZEPATE Enthyl-7-chloro-5-(o-fluorophenyl)-2, 3-dihydro-2-oxo-1H-1,4benzodiazepine-3-carboxylate 10 gm 250 gm
199 ETILAMFETAMINE (N-ethylamphetamine) N-ethyl-alpha-methylphenethylamine 2 gm 50 gm
200 FENCAMFAMIN N-ethyl-3-phenyl-2-norborananamine 2 gm 50 gm
201 FENPROPOREX (+-)-3-(alpha-methylphenethyl)aminolpropionitrile 2 gm 50 gm
202 FLUDIAZEPAM 7-chloro-5-(o-flurophenyl}-1,3-dihydro-1-methyl 2H-l,4-benzodiazepin•2-one 5 gm 100 gm
203 FLURAZEPAM 7-chloro-1-{2-(diethylamino)ethyl]-5- (o-Ourophenyl}-l,3-dihydro-2H-l-l, 4-benzodiazepin-2-one 5 gm 100 gm
204 (GHB) y-Hydroxybutyric Acid 10 gm 250 gm
205 HALAZEPAM 7-chloro-1,3-dihydro-5-phenyl-1-1 (2,2,2-_trifluroethyl)-2H-1,4-benzodiazepin-2-one 20 gm 500 gm
206 HALOXAZOLAM 10-bromo-11b-(o-flurophenyl)-2,3,7,1 1b tetrahydrooazolo[3,2-d}[1,4Jbenzodiazepin-6(5H)- one 20 gm 500 gm
207 KETAZOLAM 11-chloro-8, t2b-dihydro-2,8-dimethyl-t2b-phenyl-4H-[1,3Joxazmo(3,2-d] . [1,4]Benzodiazepine-4,7(6H)-dione 10 gm 250 gm
208 LEFETAMINE x-N,N-dimethyl-1,2,-diphenylethylamine 10 gm 250 gm
209 LOPRAZOLAM 6-(o-chlorophenyl)-2,4-dihydro 2-4(4-methyl-1 piperazinyl)methylene]-8-nirtro-1H-imidazo [1,2-a][1,4]benzodiazepin-1-one 5 gm 100 gm
210 LORAZERAM 7-chloro-5-{o-chlorophenyl)-1,3-dihydro-3-hydroxy 2H-14-benzodiazepin-2-one 10 gm 250 gm
211 LORMETAZEPAM 7-chloro-5-(ochlorophenyl)-1,3-dihydro-3-hydroxy l-methyl-2H-14benzodiazepin-2-one 10 gm 250 gm
212 MAZINDOL 5-(p-chlorophenyl)-2,5-dihydro-314-imidazo (2,1-alisindol-5-ol 10 gm 250 gm
213 MEDAZEPAM 7-chloro-2,3-dihydro-l-methyl-5-phenyl-1H-1, 4-benzodiazepine 20 gm 500 gm
214 MEFENOREX N-(3-chloropropyl)-alpha-methylphenethylamine) 2 gm 50 gm
215 MEPROBAMATE 2-methyl-2propy11-1,3-propanedio dicarbamate 20 gm 500 gm
216 MESOCARB 3-(alpha-methylphenethyyl)-N-(phenylcarbamoyl) sydnone imine 5 gm 100 gm
217 METHYLPHENOBARBITAL 5-ethyl-1-methyl-5-phenylbarbituric acid 20 gm 500 gm
218 METHYPRYLON 3,3-diethyi 15-methyl-2,4-piperidinedione 20 gm 500 gm
219 MIDAZOLAM 8-chloro-6-ofluorophenyl)-1-methyl-4H imidazo[1,5-al[1,4]benzodiazepine 20 gm 500 gm
220 NIMETAZEPAM 1,3-dihydro-1-methy-7-nitro-5-phenyl-2H-1, 4-benzodiazepin-2-one 10 gm 250 gm
221 NITRAZEPAM 1,3-dihydro-7-nitro-5-phenyl-2H-14-benzodiazepin-2-one 20 gm 500 gm
222 NORDAZEPAM 7-chloro-1,3-dihydro-5-phenyl-2H-14-benzodiazepin-2-one 20 gm 500 gm
223 OXAZEPAM 7-chloro-1,3-dihydro-3-hydroxy-5-phenyl-2H-1, 4-benzodiazepin-2-one 20 gm 500 gm
224 OXAZOLAM 10-chloro-2,3,7,llb-tetrahydro-2-methyl-11 b- phenvloxazolol3,2-d][1,4] benzodiazepin-6{5H)-one 20 gm 500 gm
225 PEMOLINE 2-amino-5-pheny\·2-oxazolm-4-one(-2-imino-5- hen 1-4-oxazolidinone) 2 gm 50 gm
226 PHENDIMETRAZINE (+)-(25,35)-3,4-dimethyl-2-phenylmorphohne 20 gm 500 gm
227 PHENOBARBITAL 5-ethyl-5-phenylbarbituric acid 20 gm 500 gm
228 PHENTERMINE Alpha,alpha-dimethylphenethylamine 20 gm 500 gm
229 PINAZEPAM 7-chloro-1,3-dihydro-5-phenyl-1 (2-propynyl)-2H-1,4-benzodiazepin-2-one 10 gm 250 gm
230 PIPRADROL 1,1-diphenyl-1-(2piperidyl)-methanol 20 gm 500 gm
231 PRAZEPAM 7-chloro-1(cyclopropylmethyl)-1,3-dihydro-5-phenyl-2H-1,4-benzodiazepin-2-one 20 gm 500 gm
232 PYROVALERONE 4-methyl-2-(1-pyrrolidinyl)valerophenone 2 gm 50 gm
233 SECBUTABARBITAL 5-sec-butyl-5-ethylbarbituric acid 20 gm 500 gm
234 TEMAZEPAM 7-chloro-1,3,dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one 20 gm 500 gm
235 TETRAZEPAM 7-chloro-5(1-cyclohexen-1-yl)-1,3,dihydro-1-methyl-2H-1,4-benzodiazepin-2-one 20 gm 500 gm
236 TRIAZOLAM 8-chloro-6(0-chlorophenyl)-1methyl-4H-s-triazolo[4,3 a][1,4]benzodiazepine 5 gm 100 gm
237 VINYLBITAL 5-(1-methylbutyl)-5-vinylbarbituric acid 20 gm 500 gm
238 ZOLPIDEM N,N,6-trimethyl-2-p-tolylimidazo[1,2-alpha] pyridine-3-acetamide 10 gm 250 gm
239 Any 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.

For any information or consultation related to “Commercial quantity under NDPS act” or its legal consultation contact Criminal Laywer at Bhatt & Joshi Associates  

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