NDPS

Quantity

• Small, intermediate and commercial quantityThe Central Government notifies a small quantity and a commercial quantity for each drug. Punishment depends on which band the recovered quantity falls in: for example, under Section 21, rigorous imprisonment up to one year for small quantity, up to 10 years for intermediate quantity, and 10 to 20 years with fine of Rs 1 to 2 lakh for commercial quantity.Ss. 2(viia), 2(xxiiia), 20, 21, 22, NDPS Act

Bail and Section 37

• Small and intermediate quantityBail is considered on the ordinary principles under the BNSS.Ss. 480 and 483 BNSS (Ss. 437 and 439 CrPC)
• Commercial quantity and Ss. 19, 24, 27ABail may be granted only if the Public Prosecutor has been given an opportunity to oppose and, where opposed, the court is satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail.S. 37(1)(b), NDPS Act
• Default bailThe period for filing the charge-sheet is 180 days for offences under Sections 19, 24 and 27A and offences involving commercial quantity, extendable up to one year on the Public Prosecutor’s report showing progress and specific reasons.S. 36A(4), NDPS Act, with S. 187 BNSS

Compliance points to check

• Search on prior informationWhere officers act on prior information to search a building, conveyance or enclosed place, the information is to be recorded and a copy sent to the immediate superior within 72 hours.S. 42, NDPS Act
• Public placeSeizure and arrest in a public place or in transit.S. 43, NDPS Act
• Personal searchBefore a search of the person, they must be told of the right to be searched before a Gazetted Officer or a Magistrate.S. 50, NDPS Act
• Grounds and custodyThe person arrested is to be told the grounds of arrest and forwarded to the nearest police station or officer without delay.S. 52, NDPS Act
• Inventory and samplesInventory, photographs and samples of the seized drug are to be prepared and certified in the presence of a Magistrate.S. 52A, NDPS Act
• Sealing and reportsSeized articles are kept in safe custody under seal, and a full report of the arrest and seizure goes to the immediate superior within 48 hours.Ss. 55 and 57, NDPS Act

These are points to check against the record, not a full statement of the law; the effect of any lapse depends on the facts of each case.

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