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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Commercial Quantity of Buprenorphine - The Indian Pharmacopoeia (1996) sets the commercial quantity of Buprenorphine in liquid form at 20 grams, which corresponds to approximately 66,666.60 ml. Several sources confirm that quantities exceeding this threshold are classified as above the commercial quantity, attracting stricter legal provisions. For instance, in one case, 80 ml of Buprenorphine Hydrochloride mixture was considered a commercial quantity 2025 Supreme(Online)(MP) 6031.
Legal Framework and Bail Conditions - Under the NDPS Act, offences involving a commercial quantity of narcotics, including Buprenorphine, generally disqualify the accused from bail unless the court is satisfied of reasonable grounds to believe they are not guilty (e.g., Salam s/o Abdul Kader vs. Kerala High Court; SCC 2021). Courts emphasize the gravity of the offence and the quantity seized when considering bail applications 2025 Supreme(Online)(P&H) 7108.
Quantity Seized in Specific Cases - Multiple cases report seizures of Buprenorphine quantities well above the commercial threshold:
Seizures of 80 ml, 120 ml, and even more, are consistently categorized as above commercial quantity, influencing judicial decisions against granting bail 2024 Supreme(Online)(CHH) 11245, 2024 Supreme(Online)(CG) 7508.
Implications for Bail - When the seized quantity exceeds the commercial limit, courts tend to deny bail, citing the seriousness of the offence and potential misuse of the narcotic. However, some cases recognize that if the quantity is below or just above the threshold, and the accused has no criminal antecedents, bail may be considered, subject to legal provisions 2025 Supreme(Online)(CHH) 3299, 2023 0 Supreme(P&H) 1718.
Additional Factors - Courts also consider whether the accused supplied the substance, the presence of co-accused, and whether the quantity seized is significantly above the threshold. In cases where the accused cannot explain possession or the quantity is substantially above the limit, bail is generally refused 2025 Supreme(Online)(CHH) 2283, 2025 Supreme(Online)(CHH) 2271.
Analysis and Conclusion:Based on the sources, the judicial approach to bail for accused possessing Buprenorphine in commercial quantity hinges on the amount seized relative to the legal threshold of 20 grams. Quantities exceeding this limit, especially significantly above, typically lead to denial of bail under the NDPS Act, reflecting the gravity of the offence. Courts balance the quantity, intent, and criminal history before granting relief, but the primary determinant remains whether the seized amount crosses the commercial threshold.
Possessing narcotics like Buprenorphine in commercial quantities can lead to severe legal consequences under India's . One pressing question for those involved or their advocates is: Provide me Judgement Relating to Bail of Accused having Buprenorphine in . This blog post delves into the legal principles, judicial precedents, and critical factors courts consider when deciding bail applications in such cases. While this provides general information based on established judgments, it is not legal advice—consult a qualified lawyer for specific situations.
Under the NDPS Act, is defined as any quantity greater than the amount specified by the . For Buprenorphine, the threshold is 250 grams, while is 5 grams 2008 0 Supreme(UK) 483. However, other sources clarify nuances, particularly for liquid forms. The sets the of Buprenorphine in liquid form at 20 grams, equivalent to approximately 66,666.60 ml, though practical cases often reference lower effective thresholds like 20 ml for certain injections 2025 Supreme(Online)(MP) 6031.
In practice, seizures are measured in milliliters from injections. For instance:- 20 injections of 2 ml each (total 40 ml) was deemed slightly above 2022 0 Supreme(P&H) 2067.- 180 ml (90 ampoules of 2 ml) clearly fell under 2025 Supreme(Online)(Chh) 10606.- 22 milliliters was noted as marginally above, with above 20 milligrams 2020 0 Supreme(P&H) 686.
Courts emphasize accurate quantification: the actual weight of the narcotic substance, not the total mixture weight, determines the category 2009 2 Supreme 284. Conflicting may favor the accused 2008 8 Supreme 12.
imposes rigorous conditions for bail in cases 2022 0 Supreme(UK) 474 2023 2 Supreme 755. The court must be satisfied on two counts:1. to believe the accused is of the offense 2023 2 Supreme 755.2. The accused is while on bail 2023 2 Supreme 755.
These reflect the offense's gravity, prioritizing public safety over routine bail grants. Possession of commercial quantities triggers these restrictions, making bail harder compared to smaller quantities 2008 0 Supreme(UK) 483.
Courts are more lenient when quantities fall below commercial thresholds, even if significant. For example, bail has been granted where recoveries were less than commercial, as 's rigor does not apply 2023 0 Supreme(UK) 11 2020 0 Supreme(UK) 71 2023 0 Supreme(UK) 45.
In marginally above cases, like 12 injections of Buprenorphine (little over ), courts have referenced prior grants, such as in (13 injections totaling 26.26 gms) 2019 0 Supreme(P&H) 1946. Similarly, 22 ml was argued as only marginally above 2020 0 Supreme(P&H) 686.
Conversely, substantial recoveries lead to refusals. In a case with 180 ml, bail was opposed due to and offense gravity 2025 Supreme(Online)(Chh) 10606. Another involved 750 ampoules of Buprenorphine (Lupigesic), far exceeding limits, with chemical certification confirming it 2014 0 Supreme(Ker) 201. Courts dismissed bail holding it attracted 2011 0 Supreme(Ker) 488.
For 20 ml of Leegesic Buprenorphine injection (above 20 ml threshold), distinctions from co-accused were noted, impacting bail 2024 Supreme(Online)(CG) 7508. Seizures of 80 ml or 120 ml consistently categorized as commercial led to denials 2024 Supreme(Online)(CHH) 11245.
Since it was found that the accused were in possession of 750 ampoules of Buprenorphine (Lupigesic) - it was found to be 2014 0 Supreme(Ker) 201.
Beyond quantity, courts evaluate:- : Prior records heighten refusal likelihood 2023 0 Supreme(UK) 45 2024 2 Supreme 468. No antecedents may aid borderline cases 2025 Supreme(Online)(CHH) 3299 2023 0 Supreme(P&H) 1718.- Recovery Circumstances: Unexplained possession, supply role, or co-accused presence weigh against bail 2025 Supreme(Online)(CHH) 2283 2025 Supreme(Online)(CHH) 2271.- Investigation Status: Complete probes and filed challans (e.g., 12 injections case) still scrutinize under 2019 0 Supreme(P&H) 1946.- Forensic Reliability: Prosecution must prove composition accurately; doubts favor accused 2008 8 Supreme 12.
Quantity remains pivotal: The quantity of the recovered substance is a key factor in determining bail 2023 0 Supreme(UK) 45 2024 2 Supreme 468.
Judgments underscore NDPS's intent to curb trafficking. In (SCC ), courts stressed non-guilt belief for commercial cases 2025 Supreme(Online)(P&H) 7108. Even with Diazepam or accessories like syringes, large Buprenorphine hauls (e.g., 750 ampoules + 95 Phenergan) clinch commercial intent 2014 0 Supreme(Ker) 1015.
Firstly, the alleged confiscation was of 20 injections of Buprenorphine of 2 ml each which comes to total of 40 ml, which is slightly higher than the under the NDPS Act... Since the alleged recovery is pertaining to , this Court would consider the prayer of the petitioner in the light of of the NDPS Act 2022 0 Supreme(P&H) 2067.
Bail for Buprenorphine possession hinges on satisfying 's strict . Courts typically deny bail for quantities well above thresholds (e.g., 40 ml, 180 ml, 750 ampoules), citing gravity and risks 2023 2 Supreme 755. Marginal excesses or sub-commercial amounts may succeed, especially sans priors.
Key Takeaways:- Focus on pure narcotic weight, not mixture 2009 2 Supreme 284.- Prosecution needs solid forensics.- Accused history and reoffending risk are crucial 2023 0 Supreme(UK) 45.- Always below-commercial? Easier bail path 2023 0 Supreme(UK) 11.
This analysis draws from precedents like 2022 0 Supreme(UK) 474 2024 2 Supreme 468, offering general guidance. For personalized advice, engage legal experts promptly.
#NDPSSAct, #BuprenorphineBail, #CommercialQuantity
As per Indian Pharmacopoeia, 1996 small quantity and commercial quantity of Buprenorphine is fixed as follows : 5. As per the Indian Pharmacopoeia standards one gram of Buprenorphine is 3333.33 milliliters when it is in liquid form for the purpose of small quantity. ... For the purpose of commercial quantity 20 grams of Signature Not Verified Signed by....
limit for commercial quantity of 20 grams. ... Lokesh Chadha, (2021) 5 SCC 724’, wherein it has been held that no person accused of offences involving a commercial quantity shall be released on bail, where the public prosecutor opposes the application, unless the Court is satisfied that there are reasonable grounds for believing that he is not guilty ... The learned State counsel has fur....
Firstly, the alleged confiscation was of 20 injections of Buprenorphine of 2 ml each which comes to total of 40 ml, which is slightly higher than the commercial quantity under the NDPS Act. ... Since the alleged recovery is pertaining to commercial quantity, this Court would consider the prayer of the petitioner in the light of Section 37 of the NDPS Act. ... He has submitted that although the petitioner ....
and Buprenorphine, which is a huge quantity and also much more than the commercial quantity as the commercial quantity of Alprazolam is 100 gms, Tramadol is 250 grams and Buprenorphine is 20 grams. ... , which is much above the commercial quantity, as the commercial quantity of Alprazolam is 100 gms....
Moreover, the other co-accused, namely, Sonu @ Manai Rajwade 1 broken vials of Buprenorphine injection and one avil injection was seized and from another co-accused, namely, Shreedev Dewangan 1 broken vials of Buprenorphine injection and one avil injection was seized, which is much above the commercial ... Moreover, the other co-accused, namely, Sonu @ Manai Rajwade 1 broken vials of #H....
On the other hand, the learned counsel for the State opposes the bail application and submits that the total quantity of Buprenorphine Injection seized from the applicant/accused is 180 ml, which falls under the category of commercial quantity. ... Taking into consideration the facts and circumstances of the case, nature and gravity of the offence levelled against the applicant and furth....
He also submits that the case of the present applicant is different from that of the co- accused as the contraband article seized from him is more than commercial quantity. ... NDPS Act as the commercial quantity for Leegesic Buprenorphine injection as prescribed under the schedule is more than 20 ml and from the possession of the present applicant only 20 ml of Leegesic Bupren....
State of Uttar Pradesh” has granted bail in a case registered under the NDPS Act, where the accused alongwith co-accused was found in possession of ‘commercial’ quantity of ‘Ganja’ and had been behind bars since the last two and a half years while observing that in the absence of any criminal antecedents ... Per contra, learned State counsel opposed the plea of petitioner for grant of regular ba....
the co-accused persons and the applicant has used to supply the same, which is much above the commercial quantity. ... the same, which is much above the commercial quantity and the applicant is failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, hence, the bail application of applicant – Ravishankar Ma....
at the instance of the present applicant in his house, which is a huge quantity and also much more than the commercial quantity as the commercial quantity. ... at the instance of the present applicant, which is much above the commercial quantity, and further the fact that bail application of the co-accused has already been rejected by....
4. He further submits that the quantity of contraband alleged to have been recovered from the petitioner (as per the case of the prosecution), is 22 mililitres of Buprenorphine, with commercial quantity being above 20 milligrams, and thus the alleged recovery is only marginally above the commercial quantity (if at all the allegations against the petitioner are to be believed).
Learned counsel further contends that the investigation in this case is complete and challan stands filed. Further, it is pointed out that 12 injections of Buprenorphine omgesic is little over the commercial quantity and has placed reliance on the order passed by this Court in Crl.Misc. No. 7728 of 2018, Suraj @ Saroj v. State of U.T., Chandigarh, decided on 28.02.2018, wherein 13 injections of Buprenorphine each containing 2 ml. totalling 26.26 gms. of Buprenorphine were recovered a....
Since it was found that the accused were in possession of 750 ampoules of Buprenorphine (Lupigesic) - psychotropic substance it was found to be commercial quantity. It is item No. 92 in the list of Psychotropic Substances notified as per the Rule. It is not disputed that the total quantity of Buprenorphine seized from the possession of the accused is far in excess of the commercial quantity. When the ampoules were sent for chemical examination, Ext.P12 certi....
Besides, A1 was in possession of Diazepam which also is a Psychotropic Substance. Besides A1 was in possession of Diazepam - another psychotropic substance. It is item No. 92 in the list of Psychotropic Substances notified as per the Rule. Possession of 95 ampoules of phenergan, though not a psychotropic substance, and the syringe and needles possessed by the second accused would clinch the issue that the packets which contained total 750 ampoules of Buprenorphine were actually carried by the ....
P1 and P2 are the orders dismissing the bail applications. Applications for bail filed by the petitioner as Crl.M.C. 190 and 306 of 2011 before the Sessions Court Ernakulam were dismissed by that Court holding inter alia that the buprenorphine seized was of commercial quantity attracting Section 37 of the N.D.P.S. Act. Exts. 3. The petitioner along with A2 and A3 (Harshan & Sibil) were produced before the Sessions Court, Ernakulam and were remanded to judicial custody. Subseq....
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