Section 22. Punishment for contravention in relation to psychotropic substances.--Whoever, in contravention of any provision of this 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 punishable,--
(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine .
Arrested for Carrying psychotropic substance and the contraband less than greater but greater than small quantity the person will punish under 22 b NDPS Act. The chemical report of a psychotropic substance provided critical support for this section.
1.Possession or Involvement - The individual must possess a psychotropic substance or be involved in its sale, purchase, transportation, importation, or exportation.
2. Substance Nature - According to the NDPS Act, the substance must be psychotropic.
3. Quantity Involved – The quantity of the substance must be "intermediate" (i.e., more than "small quantity" but less than "commercial quantity").
4. Mens Rea – The accused must have knowledge of the possession or involvement in the transaction of the psychotropic substance.
Case Law
Nithin Vs. State of Kerala ILR 2023 (1) Ker. 1173 :: 2023 (2) KLJ 82 :: 2023 (2) KLD 137 :: 2023 Cri LJ 2156
Advocate Neeraj T Narendran, Ndps lawyer kochi, Kerala, Criminal lawyer Kochi
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