Bail trends in Himachal Pradesh in NDPS cases( Mandi) ( kullu )

NDPS Cases: Drug Quantities & Bail Trends

The severity of an NDPS (Narcotic Drugs and Psychotropic Substances) Act, 1985 offense depends on the quantity of drugs involved. The law categorizes drug possession into small, intermediate, and commercial quantities, each impacting bail eligibility.

Drug Quantities Under NDPS Act

Drug Name

Small Quantity

Commercial Quantity

Heroin (Diacetylmorphine)

5 grams

250 grams

Cocaine

2 grams

100 grams

Opium

25 grams

2.5 kg

Ganja (Marijuana)

1 kg

20 kg

Charas (Hashish)

100 grams

1 kg

Methamphetamine

2 grams

50 grams

MDMA (Ecstasy)

0.5 grams

10 grams

LSD (Lysergic acid)

0.1 grams

2 grams

Morphine

5 grams

250 grams

Drug Name

The punishment varies depending on the quantity:

1. Small Quantity – Up to 1 year imprisonment, fine, or both.

2. Intermediate Quantity – Punishment varies but bail is discretionary.

3. Commercial Quantity – Minimum 10 years imprisonment, up to 20 years, with a fine up to ₹2,00,000 (or more). Bail is extremely difficult under Section 37 NDPS Act.

Bail Trends Based on Drug Quantity

1. Small Quantity (Bail Easily Granted)

• Since the punishment is up to 1 year, offenses are usually bailable.

• Courts generally grant bail quickly, except in repeat offenses.

• The accused may have to provide surety or undertake rehabilitation measures.

2. Intermediate Quantity (Discretionary Bail)

• Bail is not barred, but courts exercise caution.

• Factors affecting bail:

• Whether the accused is a consumer or trafficker.

• First-time offenders have a higher chance of bail.

• Bail may be granted if there is no direct recovery or procedural lapses.

• The Supreme Court & High Courts have granted bail where personal recovery was absent.

3. Commercial Quantity (Strict Bail Conditions – Difficult to Get Bail)

• Section 37 NDPS Act applies, making bail difficult unless:

1. The Public Prosecutor is heard, and

2. The court is satisfied that the accused is not guilty and won’t commit a similar offense.

• Courts generally reject bail unless:

• No recovery from the accused.

• Violation of Section 50 NDPS (improper search procedure).

• Prolonged trial delays (violating Article 21 Right to Speedy Trial).

• Medical grounds or serious procedural lapses.

Recent Bail Trends in NDPS Cases

• Supreme Court in Tofan Singh v. State of Tamil Nadu (2020) ruled that confessional statements under Section 67 NDPS are not admissible—helping many accused get bail.

• Default Bail is available if the charge sheet is not filed within 180 days (Section 36A NDPS).

• High Courts are showing leniency in small and intermediate quantity cases but remain strict in commercial quantity.