Intermediate Quantity Of Opium Poppy Not Covered By S.37 of NDPS Act: Himachal Pradesh High Court

The Himachal Pradesh High Court held that possession of 7.033 kg of poppy husk constitutes an intermediate quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985, and therefore does not invoke the stringent conditions of Section 37.

The Court granting bail to the petitioner noted that the seized quantity fell between the notified thresholds, 1 kg for small and 50 kg for commercial quantity, under the Central Government’s 2001 notification. 

The Bench found no evidence of prior criminal antecedents and observed that continued incarceration with habitual offenders would serve no legitimate purpose.

Accordingly, the Court directed his release on bail subject to appropriate conditions.

[Ugma Ram v State of Himachal Pradesh]