Small Quantity - Defined as a quantity of narcotic or psychotropic substances that exceeds the small quantity threshold but is less than the commercial quantity. For example, in the case of buprenorphine, 1 gram is equivalent to 3333.33 milliliters for small quantity purposes SALAM Vs UNION OF INDIA - Kerala. Similarly, for ganja, the small quantity is up to 1 kg, with punishments being less severe SUBRATA MONDAL VS STATE OF WEST BENGAL - Calcutta.
Quantitative Thresholds - Different substances have specific thresholds for small and commercial quantities. For instance, 1 kg of cannabis (ganja) is considered small quantity, whereas more than 20 kg is commercial BHAGWATI BAI SAHU VS STATE OF CHHATTISGARH, THROUGH- POLICE STATION - Chhattisgarh. Ganja quantities between 1 kg and 20 kg fall into an intermediate category, often leading to different legal consequences SONU @ KANE VS STATE - Delhi.
Legal Implications - The law prescribes varying punishments based on the quantity involved. Small quantities typically attract less severe penalties such as shorter imprisonment terms or fines, while quantities exceeding small but less than commercial quantities may lead to more stringent punishments, including rigorous imprisonment RAMAKANT GOPALSHARAN SHAHU VS STATE OF GUJARAT - Gujarat, KOJI TATENO VS STATE OF H. P. - Himachal Pradesh.
Case Examples - Courts have adjusted convictions based on the quantity seized. For example, a recovery of 300 grams of a substance slightly above the small quantity threshold resulted in modifications of the conviction RAMAKANT GOPALSHARAN SHAHU VS STATE OF GUJARAT - Gujarat. In another case, 204.48 grams of charas, just over the small quantity limit, led to a reduced sentence KOJI TATENO VS STATE OF H. P. - Himachal Pradesh.
Legal Definitions and Variations - The concept of small quantity is context-specific, varying by substance and form (solid or liquid). For instance, the court examined the equivalence of grams to milliliters for liquid substances like buprenorphine, establishing precise thresholds for small quantity classification SALAM Vs UNION OF INDIA - Kerala.
Analysis and Conclusion:
The legal framework distinguishes small quantity from other categories primarily based on specific weight thresholds, which vary per substance. Quantities just above the small quantity limit often lead to modified or reduced sentences, reflecting the lesser severity of the offense. Accurate determination of the quantity involved is crucial for appropriate legal classification and sentencing. The references demonstrate that courts consider both the exact amount seized and the substance's nature to decide the applicable legal provisions and punishments.
quantity nor a commercial quentity but less than commercial quantity and more than small quantity, Section 20(b)(ii)(B) has to be ... quantity nor a commercial quantity but less than commercial quantity and more than small quantity, Section 20(b)(ii)(B) has to be ... Since the quantity recovered from the present appellant is only 300 gms. more than the #HL_START....
20 grams is equivalent to 66666.60 milliliters for commercial quantity. ... Final Decision: The court declared that 1 gram of buprenorphine is equivalent to 3333.33 milliliters for small quantity and ... Narcotics - Buprenorphine - Narcotic Drugs & Psychotropic Substances Act - Section 2 - The court examined the definition of small ... is 3333.33 millilitres when it is in liquid form for the purpose of small quantity. ... For the purpose of commercial quant....
Act - Sections 20(b)(i), 20(A) - Court determined the conviction should be modified to reflect the small quantity of the substance ... The conviction for a higher offense was adjusted due to the small quantity of the substance. ... Act was appropriate given the small quantity of ganja involved and whether the procedural requirements of the Act were followed. ... That apart, as per Ext.P3 chemical analysis report and the evidence of PW.5, the total #H....
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Ss. 8 (c) and 20 (h) (i) -- small quantity of ganja seized -- accused 20 ... nbsp;Lokid vkS"kf/k vkSj eu%izHkkoh inkFkZ vf/kfu;e] 1985 & /kkjk 8 ¼x½ rFkk 20 ... ¼[k½ ¼1½ & xkatk dh vYi ek=k vfHkx`fgr & vfHk;qDr 20 o"kZ dh vk;q dk & nks"kflf) vfHkiq"V & tsy naMkns‘k igys & gh Hkqxrh xbZ vof ... At the time of incident there was no concept of any small quantity or medium quantity....
of contraband article seized in present case is more than small quantity - Quantity of 1 kg. is small quantity and more than 20 ... kg is Commercial quantity - Quantity of contraband article seized in present case is more than 1 kg. is neither small nor commercial ... quantity, commission of offence by appellant falls within mischief and deterrent punishment is required for which the trial court ... The q....
Section 37 - Criminal Procedure Code, 1973--Section 439--Bail--Non-commercial quantity ... A little more than "small quantity" was recovered from the petitioner and the punishment for "small quantity" of ganja under Section 20 (A)is rigorous imprisonment for a term which may extend to six months or with a fine which may extend upto Rs. 10,000/- or with both. ... The recovery is about 1/12th of the "commercial quantity", the "commercial quantity" bein....
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 20(A) - SMALL QUANTITY - POSSESSION - MAXIMUM PUNISHMENT - DETENTION ... The court noted that the maximum punishment for possession of a small quantity of cannabis under Section 20(A) of the Act was six ... quantity under the Act. ... Serial No. 55 refers to "ganja" and small quantity is prescribed in the table is 1000 gm. = 1. 00 kg. and the commercial quantit....
but greater than small quantity--Recovery of 20 Kgs. of poppy straw from the conscious possession of the appellant--Conviction for ... As per Section 15 (b) where the contraband involved is quantity lesser than commercial quantity but greater than small quantity then ... recorded--Held; That where the contraband involved is small quantity then the same can be punished with imprisonment which may extend ... As per Section 15 (b) wher....
of "Charas" thus found in the possession of the appellant comes to 204.48 grams which is in excess of small quantity punishable ... Act - Keeping in view the quantity of resin in the possession of the appellant - The sentence is reduced from three years to two ... Held, that on the basis of report of Chemical Examiner in which he has specified the content of " resin to 00 34.08 per cent - The quantity ... In this case, the quantity of Charas is 204.48 grams or say only about 100 grams in excess of the u....
of 1 kg is small quantity and more than 20 kg is commercial quantity - Quantity of contraband article seized in the present case ... is more than 5 kg is neither small nor commercial quantity, therefore, commission of offence by appellant falls within mischief ... and deterrent punishment is required for which the trial court convicted the appellant and same is hereby affirmed - Quantity of ... The quantity of contraband article sei....
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