Ndps
Advocate Suneel Moudgil
(Querist) 13 October 2012
This query is : Resolved
Dear Sirs,
police had caught Mr. A with 980 grams of opium and he is in custody since last 30 days. kindly make some things clear to me.
1. What is quantity less than 25 grams, quantity from 25 grams to 2.5 kgs and quantity more than 2.5 kg?
2. 980 grams is small, commercial or anything else?
3. what are the chances of bail? and when?
Regards,
Suneel Moudgil, Advocate
R.K Nanda
(Expert) 13 October 2012
no chances for bail.
ajay sethi
(Expert) 13 October 2012
1)Section 22 of NDPS Act provides that whoever, in contravention of any provisions of the Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punished according to the quantity
2)For the offence involving commercial quantity punishment is imprisonment for a term, which shall not be less than 10 years but which may extend to 20 years with fine.
3)Under Section 37 of the Act bail to an accused, who is alleged to have committed an offence under Section 19, 24 or 27A and also for offences involving commercial quantity cannot be granted unless the two conditions enumerated in the section are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application and second that the court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If either of these two conditions is not satisfied, bail cannot be granted.
in the present case your client was found to be in posession of commercial quantites of opium . chances of being released on bail are bleak
Advocate Suneel Moudgil
(Querist) 13 October 2012
Thanks Nandaji and Sethi ji,
my qyery is
1. What is quantity less than 25 grams, quantity from 25 grams to 2.5 kgs and quantity more than 2.5 kg?
or how much quantity is small and how much is commercial?
please advise.
thanks in advance
R.K Nanda
(Expert) 15 October 2012
read ndps act to know about it.
