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5g Heroin Small Quantity - Summary
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Definition of Small Quantity:
Multiple sources confirm that under the NDPS Act, 1985, heroin's small quantity is generally defined as 5 grams. For example, INDUK00000001020 states that 5 grams of heroin is considered a small quantity (Entry No. 56), aligning with the notification issued by the Central Government. Similarly, 01800034354 emphasizes that any quantity less than 5 grams falls within the small quantity threshold. -
Legal Interpretations and Court Decisions:
Courts have consistently held that possession of up to 5 grams of heroin qualifies as a small quantity, entitling the accused to bail in many cases (01800034354, 00900033159, 02500033787). For instance, in 01900015716, possession of 5.9 grams was deemed close to the small quantity limit, influencing bail considerations. -
Quantities Slightly Above 5 grams:
When quantities exceed 5 grams but are below the commercial threshold (e.g., 250 grams), courts often examine whether the amount suggests commercial intent. For example, 00400044546 notes that recovery between 5 grams and 250 grams (such as 53.22 grams in INDUK00000001020) may still be treated as a small quantity for bail purposes, depending on circumstances. -
Comparison with Other Narcotics:
The threshold for heroin (5 grams) is significantly lower compared to drugs like opium (25 grams small quantity) or charas (1.5 kg commercial quantity), highlighting the stricter classification for heroin (02300049282, 01800033009).
Analysis and Conclusion
The consistent legal framework and judicial interpretations establish that 5 grams of heroin constitutes a small quantity under the NDPS Act. Possession of this amount typically qualifies for bail, as courts recognize it as non-commercial, especially when the recovered quantity is close to or below this threshold. Quantities above 5 grams but below 250 grams are scrutinized but may still be considered small or non-commercial depending on context, influencing bail and prosecution strategies.
References: - INDUK00000001020: Clarifies 5g as small quantity. - 01800034354: Confirms 5g as the threshold for small quantity. - 00900033159: Discusses 3.5g as small quantity. - 02500033787: Notes heroin as a small quantity under Section 27 NDPS Act. - 00400044546: Differentiates between small and commercial quantities, with 5g as the upper limit for small quantity. - 02300049052: Highlights the 100g small quantity for heroin in comparison to other drugs.
Search Results for "5 Gm Heroin Small Quantity"
2000 0 Supreme(All) 1364 • India - Allahabad
B.K.RATHI
of heroin as a small quantity under Section 27 NDPS Act. ... The applicant argued that the quantity of heroin was small and therefore he was entitled to bail. ... The court found that the quantity of heroin recovered fell within the definition of a small quantity as per the notification, and ... " ... 5. It is contended that according to this notification the quantity of #HL_STAR....
2013 0 Supreme(Bom) 2085 • India - Bombay
S.C.DHARMADHIKARI, G.S.PATEL
’ seized from accused was between upper limit of small quantity (5 gms.) and lower limit of commercial quantity (250 gms.) therefore ... Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21(b) - Possession of contraband (Heroin). - Where quantity of ’Heroin ... Heroin is item 56 of that Notification (Notification S.O. 1055(e) dated 19th October 2001, published in the Gazette of India, Extra., Pt.II, Sec. 3(ii) dated 19th October 2001). F....
2017 0 Supreme(J&K) 795 • India - Jammu and Kashmir
SANJAY KUMAR GUPTA
The petitioner argued that the recovery of Heroin was not a commercial quantity and deserved bail. ... Issues: The issues revolved around the quantity of Heroin possessed by the petitioner, the applicability of Section 37 of ... Ratio Decidendi: The Court's decision was based on the interpretation of the quantity of Heroin possessed by the petitioner ... In the present case, accused has been found in possession of 5.9 gm of Heroin; it’s s....
2004 0 Supreme(P&H) 817 • India - Punjab and Haryana
S.S.SARON
to other drugs like opium and heroin, and held that the recovery of 1.5 kg of charas may be commercial quantity but was not such ... a huge quantity to deny bail. ... Bail - Narcotic Drugs and Psychotropic Substances Act - Interpretation of commercial quantity for charas Fact of the Case ... It was observed that in the case of opium small quantity is 25 gm and commercial quantity is 2.5 kg. and this shows that commercial q....
2025 Supreme(Online)(UK) 1449 • India - High Court Of Uttarakhand
Alok Kumar Verma, J
Section 2 (vii-a) of the Act, 1985, 5 gm of heroin is small quantity and greater than 250 gm is commercial quantity (Entry No.56). 7. ... The alleged recovered contraband is below from commercial quantity. He is a permanent resident of District Udham Singh Nagar. 5. Mr. ... According to the First Information Report dated 09.06.2025, the police party apprehended the applicant and recovered 53.22 gm. smack (heroin) from his possession. 3. Heard Mr. M....
2025 0 Supreme(HP) 346 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
that 5 grams constitutes a small quantity. ... any quantity lesser than that specified by the Central Government, which is 5 grams for heroin - The court rejected the argument ... (Paras 7, 12) ... ... (C) Definition of small quantity - The NDPS Act defines small quantity as ... It is apparent from that definition that any quantity lesser than that specified by the Central Government is a #HL_ST....
2022 0 Supreme(HP) 835 • India - Himachal Pradesh
SATYEN VAIDYA
Finding of the Court: Quantity with which petitioner has been apprehended by police ... - Victim of Drug Abuse - Prayer has been made to release petitioner on bail – Petitioner himself is a victim of drug abuse, as quantity ... every time, suggests that petitioner himself is a victim of drug abuse, as quantity recovered cannot be reasonably said to be possessed ... As per the notification issued by the Central Government specifying the small and commercial quantity, the heroin is men....
2001 0 Supreme(Cal) 715 • India - Calcutta
DEBIPRASAD SENGUPTA, M.K.Basu
Whether the offense of possessing 3.5 grams of heroin constituted a 'small quantity' under the amended Act. ... Since the petitioner possessed only 3.5 grams of heroin, it fell within the definition of 'small quantity'. ... NDPS ACT - BAIL - SECTION 3, 21(A), 27, 41 - SMALL QUANTITY OF HEROIN - AMENDMENT ACT 9 OF 2001 - APPLICABILITY TO PENDING CASES ... According to serial No. 56 of this Table in....
2008 0 Supreme(Raj) 2140 • India - Rajasthan
K.S.RATHORE
Which is much below the commercial quantity needed as per schedule to frame the offence? ... Appeal against conviction, partly allowed, held – The CFSL report confirmed the recovery of only 11.704 gms of morphine in the total quantity ... Learned counsel for the accused-appellant submits that as per Schedule appended with notification, specifying small quantity and commercial quantity at Item No. 56 - 5 grams of Heroin is termed as small qu....
2003 0 Supreme(P&H) 1646 • India - Punjab and Haryana
K.S.GAREWAL
the small quantity would remain 100 gm. ... heroin was a key issue in the case. ... than for other common narcotics like heroin, opium, and poppy straw. ... In the case of opium small quantity is 25 gm and commercial quantity is 2.5 kg. This shows that commercial quantity is 100 times the small quantity. If we examine the similar quantities for heroin, small #HL....
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