bail in NDPS

One of the major factors of the bail in NDPS case is quantity of the drugs which was recovered from the accused person. In the NDPS Act, govt. made some measurement schedule as per the drugs and chemicals. As per the measurements these are divided in two categories. 1. Small quantity and 2. Commercial quantity.  Small quantity and`commercial quantity was defined under Section 2(xxiiia) and Section 2(viia) respectively.

Small quantity –
Section 2 (xxiiia) “Small quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette.]

When the police recovered some contraband (narcotics drugs) from the someone, first step of the police is measure the contraband with the measurement instrument and took the sample from contraband check type of contraband with the help of kit which police carry with them. From the help of kit, police immediately disclose the name and quality of contraband (narcotics drugs). When the quantity  of the contraband fall under the definition of section 2(xxiiia) is called small quantity and in small quantity court grant the bail easily.