...Act. The remaining quantity falls in an undefined category, which is now generally called as intermediate quantity. All Sections in the NDPS Act, which specify an offense, also mention that minimum...is subject to the riders mandated in S. 37 of NDPS Act."In the present case also the contraband found in the opium plants falls in intermediate quantity, therefore, Section 37 of the NDPS Act...settled legal paradigms, this Court finds that the involved quantity of recovered contraband is intermediate, so rigors of Section 37 of the NDPS Act are not applicable to the present case. So, the...

...decision is whether the contravention involved in this case is small, intermediate or commercial quantity under Section 21 of the NDPS Act, and whether the total weight of the substance is relevant..., 1985 (in short “the NDPS Act”).3. The quantity of substance recovered from the accused was 310 gm which was prima facie detected to be heroin. Two samples of five...the NDPS Act by providing graded sentences linked to the quantity of narcotic drugs or psychotropic substances carried.(2) Thus, by the amending Act, the...

...the petitioner falls within the ambit of "intermediate quantity" as per the schedule appended with the NDPS Act. Thus, the rigours of Section 37 of the NDPS Act may be relaxed while considering the...parties and perused the record very carefully. 5. In the present case, admittedly, the alleged recovery of heroin falls within the ambit of "intermediate quantity" as per the schedule of the NDPS Act...concluded. Learned counsel next contends that even the petitioner is first time offender and was never involved in any other crime. Apart from that, the quantity of contraband allegedly recovered from...

... intermediate quantity under NDPS, and the sentence imposed upon the respondent by the Trial Court is unduly lenient. He contends that the charges...registered against the respondent are not under NDPS. 6. In Aarikatla Musalaiah (supra), an intermediate quantity of 4 kilograms of ganja was seized from the offender, he was convicted under Section 20(b)(ii)(B) NDPS, and..." quantity under NDPS, and not "commercial". He states that the respondent has already spent over four months in custody in connection to the present case, and was released from jail upon depositing the...

...quantity and in the other NDPS case, the petitioner stands convicted under Section 20 of the NDPS Act but was sentenced to undergo the period already undergone by him i.e. 15.10.2017 to 13.11.2017 and to...parties. The recovery effected from the petitioner is of intermediate quantity. Though the challan has been presented, yet the charges are yet to be framed. The trial would take time to conclude and...Cr.P.C. for grant of regular bail in case FIR No.142 dated 20.05.2020 registered under Sections 20 of NDPS, Act, 1985 and Section 51(b) of Disaster Management Act, 2005 and Section...

...mentioned as 250 gm.4. So, the basic question for decision is whether the contravention involved in this case is small, intermediate or commercial quantity under section 21 of the NDPS Act...India argued that even if the re covered quantity of heroin is 35 grams, it is above the small quantity and the accused has confessed his guilt in the statement recorded under section 67 of NDPS Act..., 2001 (Act 9 of 2001) (w.e.f 2.10.2001), which rationalised the punishment structure under the NDPS Act by providing graded sentences linked to the quantity of narcotic drugs or psychotropic...

...intermediate quantity i.e. less than the commercial quantity and in these circumstances, the fetters of Section 37 NDPS Act shall not be attracted. 4. The learned State counsel has...) 1. The petitioner seeks grant of regular bail in case registered vide FIR No.152 dated 27.2.2019 under Section 20 of NDPS Act, Police Station Model Town, District...Panipat. 2. The allegations in nut-shell are that the petitioner was found in possession of 750 grams of Charas. 3. The aforesaid quantity would fall within...

...present case is 7.22 grams, which is an intermediate quantity. Therefore, rigors of Section 37 of the NDPS Act are not applicable in the present case. The petitioner was arrested on 10.02.2022 and since.... Considering the overall facts and circumstances of the case and since the quantity of chitta/heroin involved in this case is an intermediate quantity, this Court finds that the present is a fit case...10.02.2022, registered at Police Station Sadar, District Bilaspur, H.P., under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS Act...

..., 29 of NDPS Act. 3. As per the prosecution case, 23.42 grams of smack was recovered from the possession of the applicant. The said quantity falls under the intermediate quantity as defined under the NDPS Act...contraband seized (23.42 grams of smack) is of intermediate quantity. The bar under Section 37 of the NDPS Act, therefore, does not apply. Though the applicant has criminal antecedents, they are not of...commercial quantity. Trial will take time for its conclusion. The applicant is permanent resident of District Guna and there is no likelihood of their absconsion or tampering with the prosecution...

...kilograms, falls within the definition of intermediate quantity under the NDPS Act. He states that the respondent was found in conscious possession of the said quantity, and the recovery stands duly...Section 20(b)(ii)(B) NDPS. 7. In Aarikatla Musalaiah (supra), an intermediate quantity of 4 kilograms of ganja was seized from the offender, he was convicted under Section 20(b)(ii)(B) NDPS, and...was found in possession of intermediate quantity of ganja, sentenced him to RI for 15 months alongwith a fine of Rs.1,000/-, in default whereof he was directed to undergo SI for 2 days. The...

...petitioner is a habitual offender and has 3 more FIRs including one under the NDPS Act though which is intermediate quantity and the petitioner already stands admitted to bail in the said cases...petitioner cannot be read as whole and has to be distributed. Resultantly, it would fall within the classification of intermediate quantity only and 5...

... petitioner, the same comes within the „intermediate" quantity and the rigours of Section 37 of the NDPS Act is not applicable to the facts of the present case...against the petitioner relate to the alleged recovery of an intermediate quantity of Ganja, to which the parameters of Section 37 of the NDPS Act, 1985 are not applicable and... recovered from the petitioner is within the intermediate quantity, therefore, the rigors of Section 37 NDPS Act do not apply to the present case. Furthermore, all the...

...'Raja @ Rajendran case bail order as furnished to the detenu in the grounds booklet makes it clear that it is a case under Section 20(b)(ii)(B) (intermediate quantity) under NDPS Act...case is a commercial quantity matter whereas Raja @ Rajendran case is intermediate quantity matter. We also find from the bail petition that in the 6/10 case of Raja @ Rajendran, the allegation pertains to 3 kg of Ganja whereas in the ground case it is a commercial quantity which is well above 20 kgs vide the Table to NDPS Act...sustain the submission of the Prosecutor interalia owing to Section 37 (1)(b) of NDPS Act wherein there is a specific bar qua grant of bail with regard to commercial quantity. This means that comparing...

...prosecution, the present applicant has been found in conscious possession of the contraband substance Ganja worth 6.800 kilograms, which is a intermediate quantity and the rigours of Section 37 of the NDPS Act..., which no doubt is a intermediate quantity, therefore the rigours of Section 37 of the NDPS Act would not apply to the facts of the present case. Further, the record indicates that the present applicant...contraband substance Ganja worth 6.800 kilograms and that the applicant has other antecedents for commission of similar nature of offences under the NDPS Act. She therefore submitted to...

...quantity as per NDPS Act i.e. 1 kg 940 grms. He also submits that it is not the case of the prosecution that accused was purchasing, selling or distributing the narcotic drugs to hurt the youngsters and....11197034220620 of 2022 with Padra Police Station, District Vadodara, for the offences punishable under Sections 8(C), 20(B), 25, 29 of the NDPS Act. 3. Learned advocate...for the applicant submits that alleged seized contraband substance i.e. Page 1 of 5 Ganja is intermediate...

...that the contraband allegedly recovered from the accused is more than the small quantity and less than the commercial quantity. In other words, the contraband seized is of intermediate quantity and rigor of Section 37 NDPS Act...Puneet Gupta, J.:— The applicant accused has been roped in FIR No. 111/2019 under Section 8/20/60 NDPS Act registered with Police Station, Thanamandi, Rajouri...investigation in the FIR stands completed. The procedure prescribed for NDPS cases has not been followed in the present case.2. The status report in the application has been filed. It is...

.../applicant submits that the quantity of the allegedly recovered heroin being intermediate quantity, rigours Section of 37 NDPS Act would not come into play. It is also.../2025 of PS Burari for offence under Section 8/21 of NDPS Act. 2. Earlier, this bail application was listed for the first hearing on 09.12.2025 before a coordinate bench...granted bail. 5. Learned APP for State assisted by IO/SI Jagbir opposes the bail application on the ground that quantity of heroin allegedly recovered from the accused...

...Quantity in % to upper limit of Intermediate 10.00% Specified as small & Commercial in S.2(viia) & 2(xxiiia) NDPS Act, 1985 Notification No...of the NDPS Act. The remaining quantity falls in an undefined category, generally called an intermediate quantity. All sections in the NDPS Act specify an offence and mention the minimum and maximum...: Substance Name Heroin/ Chitta/ Smack/ Brown Sugar Quantity detained 25 Gram Quantity type Intermediate Drug...

...intermediate and therefore the rigors of Section 37 of NDPS Act will not be applicable. Merely because the quantity of contraband recovered is less than commercial quantity may not by itself be sufficient.... 8. Learned counsel for the petitioners has contended that the quantity of the contraband recovered in the case is of intermediate i.e. less than commercial quantity. Petitioners have no past...history of involvement in offences under ND&PS Act. Their prolonged incarceration will not serve any purpose. 9. No doubt the quantity of contraband in the case is...