Topic

drug possession

2 articlesLatest June 2026
NDPS Act Section 22 | Proportionality Doctrine Limits Sentencing for Non-Commercial Possession: HP HC Suspends 4-Year Term for 38.5g Nitrazepam
Case Law Analysis
|Himachal Pradesh High Court

NDPS Act Section 22 | Proportionality Doctrine Limits Sentencing for Non-Commercial Possession: HP HC Suspends 4-Year Term for 38.5g Nitrazepam

The Himachal Pradesh High Court suspended a four-year sentence for possession of 38.5g Nitrazepam, ruling it disproportionate under the NDPS Act’s statutory commercial quantity threshold of 500g. This reinforces that sentencing must align with the scale of harm, not mechanical application of minimum penalties, benefiting first-time offenders in non-commercial drug cases.

NDPS Act | Bail Mandatory for Small Quantity Possession Absent Commercial Nexus: Punjab & Haryana HC Reinforces Personal Liberty Over Pre-Trial Detention
Case Law Analysis
|Punjab and Haryana High Court

NDPS Act | Bail Mandatory for Small Quantity Possession Absent Commercial Nexus: Punjab & Haryana HC Reinforces Personal Liberty Over Pre-Trial Detention

The Punjab & Haryana High Court ruled that possession of narcotics below the commercial threshold (8.24g heroin) warrants regular bail, even without corroborative evidence, if statutory safeguards under Sections 42 and 50 NDPS Act are violated. The judgment underscores that prolonged custody for minor drug offenses violates the principle of bail as the norm, impacting accused persons in similar cases across India.

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