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ganja possession

Querist : Anonymous (Querist) 10 August 2010 This query is : Resolved 
Hi all,

am an italian guy that like to come in Manali to taste ganja; but am not aware about indan laws about possession of "personal quantity" (don't know about existence of that term in indian laws) of it.

can anyone explain me the majors laws about it?

i like to visit India, not to visit indian jails; if it is not legal for me to hold some small quantity of hash i will go elsewhere but India, no matter.

best whishes for your kind attention
Adv Archana Deshmukh (Expert) 10 August 2010
The Indian law relating to this is THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985. In India, possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance is also punishable with imprisonment as well as fine...
So if you plan to taste hashis or ganja in India, you may get a taste of Indian jail...
s.subramanian (Expert) 10 August 2010
if you like india come.if you like ganja don't come at all.
Guest (Expert) 10 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE PERSONAL CONSUMPTION OR USE OF GANJA KINDLY NOTE THAT

1.THERE IS THE NARCOTIC DRUGS AND P.S.ACT 1985 AS AMMENDED, WHICH CONTAINS PROVISIONS REGARDING POSSESSION OF GANJA AND OTHER DRUGS.
2KINDLY NOTE THAT MINIMUM QUANTITY AND COMMERCIAL QUANTITY ARE THE TERMS EXPLAINED IN THE SAID ACT. FOR ILLEGAL POSSESSION OF GANJA THE MINIMUM QUANTITY IS LESS THAN TEN KGS AND COMMERCIAL QUANTITY IS MORE THAN TWENTY KGS.
3 KINDLY NOTE THAT IMPRISONMENT PROVIDED IN THE SAID ACT FOR OFFENCE IS FOR MINIMUM QUANTITY IMPRISONMENT FROM SIX MONTHS AND FINE AND IT CAN BE UP TO TEN YEARS IMPRISONMENT WITH FINE.
4.PUNISHMENT FOR COMMERCIAL QUANTITY OF ILLEGAL POSSESSION OF GANJA IS TWENTY YEARS IMPRISONMENT AND FINE OF RUPEES TWO LAKHS
5.HENCE YOU SHOULD BE VERY CAREFUL,DO NOT INVITE TROUBLE .
INDIA IS VERY GOOD COUNTRY AND YOU HAVE FREEDOM OF MOVEMENT IN INDIA AS IT IS A DEMOCRATIC COUNTRY.
6 KINDLY NOTE THAT N.D.P.S.ACT COURT MATTERS ARE TO BE HANDLED WITH CARE.I HAVE GOT ACQUITAL OF A LADY ACCUSED FROM SESSIONS COURT WHO WAS CHARGED FOR ILLEGAL POSSESSION OF GANJA OF THIRTY THREE KGS.
BUT IT DEPENDS ON FACTS AND EVIDENCE IN EACH CASE.
7 YOU MAY WRITE OR CALL OR SMS FOR ANY FURTHER LEGAL HELP IN INDIA.
8 GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU.
Guest (Expert) 11 August 2010
1. Possession of drugs is in itself an offence under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). It does not matter whether the possession is for personal consumption or for any other purpose. The punishment depends upon the quantity of drugs he / she possesses. However, if he / she is charged with either possession of small quantities of drugs or with consumption of drugs and he voluntarily seeks to undergo medical treatment for de– addiction from a hospital or an institution maintained or recognized by the government or a local authority, he / she shall not be liable for prosecution. This immunity from prosecution may be withdrawn if he / she does not undergo the complete treatment for de–addiction.

2. The quantities differ with the type of drug and are notified by the government. The quantities for a few common drugs are below:

Drug Small Quantity* / Commercial Quantity**
Heroin 5 grams / 250 grams
Cocaine 2 grams / 100 grams
Hashish/Charas 100 grams / 1 Kg
Opium 25 grams / 2.5 kg
Ganja 1 Kg / 20 Kg
* Any quantity below the prescribed limit is small quantity
** Any quantity below the prescribed limit is Commercial quantity

Querist : Anonymous (Querist) 11 August 2010
hi,

all of your answers has been take in account, feel better to taste charas in Amsterdam.

let me thank all of you for your quick answers and specially mr. D. Arun Kumar, the most pinpointed on my own goal.
Querist : Anonymous (Querist) 11 August 2010
mmmmmm....sorry

forgot to set case as resolved ....



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