How people usually put it
My son was caught with ganja. Police found MDMA in my friend's bag. Excise caught him with a small packet, will he go to jail. What is small quantity and commercial quantity. Can he get bail in a drug case. He uses drugs, can he get treatment instead of a case. Makane kanjavu kesil pidichu, jamyam kittumo. Kayyil ninnu MDMA kitti ennu police parayunnu. Lahari upayogam nirthan chikitsa. കഞ്ചാവ് കേസിൽ പിടിച്ചു, ജാമ്യം കിട്ടുമോ. മയക്കുമരുന്ന് കേസിൽ എത്ര ശിക്ഷ കിട്ടും. ലഹരി ഉപയോഗിക്കുന്ന മകന് ചികിത്സ.
Which law applies
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Every offence under it is cognizable (section 37(1)(a)). The main offences:
- Section 20 — cannabis: ganja and charas (hashish).
- Section 21 — manufactured drugs such as heroin, morphine and cocaine.
- Section 22 — psychotropic substances such as MDMA, LSD, amphetamine and methamphetamine.
- Section 27 — consuming a narcotic drug or psychotropic substance.
- Section 25 — an owner or occupier who knowingly permits a house, room, place or vehicle to be used for a drug offence gets the same punishment as for that offence.
Quantity decides the punishment
For possessing, selling, buying, transporting or using a drug (sections 20(b), 21 and 22):
- Small quantity — rigorous imprisonment up to one year, or fine up to ₹10,000, or both.
- More than small but less than commercial — rigorous imprisonment up to ten years and fine up to ₹1 lakh.
- Commercial quantity — rigorous imprisonment of not less than ten years, up to twenty years, and fine of ₹1 lakh to ₹2 lakh (the court may impose more, with reasons).
The quantities are fixed by Notification S.O. 1055(E) dated 19 October 2001 (and S.O. 1430(E) of 2011). Common drugs:
| Drug | Small quantity (up to) | Commercial quantity (from) |
|---|---|---|
| Ganja | 1,000 g (1 kg) | 20 kg |
| Charas / cannabis resin | 100 g | 1 kg |
| Heroin | 5 g | 250 g |
| Cocaine | 2 g | 100 g |
| MDMA (ecstasy) | 0.5 g | 10 g |
| LSD | 0.002 g | 0.1 g |
| Amphetamine | 2 g | 50 g |
| Methamphetamine | 2 g | 50 g |
| Ketamine | 10 g | 500 g |
The Supreme Court held in Hira Singh v. Union of India (2020) that the weight of the whole mixture seized counts, not only the pure drug in it.
Consumption (section 27)
- Cocaine, morphine, heroin (diacetyl-morphine) or another notified drug: rigorous imprisonment up to one year, or fine up to ₹20,000, or both.
- Any other drug: imprisonment up to six months, or fine up to ₹10,000, or both.
Treatment instead of prosecution
- Section 64A: an addict charged with consumption or with a small-quantity offence who voluntarily undergoes de-addiction treatment at a hospital or institution run or recognised by the Government or a local authority is not liable to prosecution for it. The immunity can be withdrawn if the treatment is not completed.
- Section 39: a court that finds an addict guilty of consumption or a small-quantity offence may, with his consent, release him for de-addiction treatment instead of sentencing him, on a bond to report back within a year.
These routes do not cover larger quantities or selling. For treatment, Government hospitals (district hospitals and medical colleges) have psychiatry departments that treat addiction.
Search of a person (section 50)
- Before searching a person, the officer must, if the person asks, take them without unnecessary delay to the nearest Gazetted Officer or Magistrate; if that officer sees no reasonable ground, the person is discharged.
- A woman can only be searched by a woman (section 50(4)).
- Only where taking the person there risks them getting rid of the drug may the officer search on the spot, and he must record his reasons and send them to his superior within 72 hours.
- Statements recorded by NDPS officers under section 67 cannot be used as a confession (Tofan Singh v. State of Tamil Nadu, 2020).
Bail
- For commercial quantity, and for offences under sections 19, 24 and 27A, section 37 says bail cannot be granted unless the Public Prosecutor has been heard and, if he opposes, the court is satisfied there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence on bail.
- For small and intermediate quantities, the ordinary bail rules of criminal procedure apply.
- Investigation time limit: in commercial-quantity cases (and sections 19, 24, 27A), the period for completing the investigation is 180 days, which the Special Court can extend up to one year on the Public Prosecutor's report (section 36A(4)). If the charge sheet is not filed within the time allowed, the accused can seek default bail.
- NDPS cases are tried by a Special Court (section 36).
If a family member has been caught
- Find out which police station or Excise office has registered the case, and the crime number and sections.
- Note the quantity alleged — it decides the punishment range and the bail route.
- Engage a lawyer who handles NDPS cases, or ask the District Legal Services Authority for free legal aid.
- Ask whether the person was offered a search before a Gazetted Officer or Magistrate.
- If the person uses drugs and the quantity is small, ask the lawyer about section 64A treatment.
- If the person is under 18, the case goes before the Juvenile Justice Board.
This guide is legal information, not legal advice, and reading it creates no advocate–client relationship. Laws change and every case turns on its own facts. For anything serious, consult an advocate — and if you cannot afford one, the District Legal Services Authority will give you a lawyer free of cost.
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