In the Narcotic Drugs and Psychotropic Substances Act, 1985, provisions pertaining to punishment have been mentioned in section 17.As per the Notification by the Central Government, small quantity is 25 gms, and commercial quantity is 2.5 kgs. Section 17 deals with Punishment for contravention in relation to prepared opium Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted there under, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable- 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 which may extend to one lakh rupees.

In the case of Shaffi Mohammed And Ors. vs State Of Rajasthan ( https://www.legitquest.com/case/shaffi-mohammed–others-v-state-of-
rajasthan/104C02
) it has been mentioned that So far as other offences in this Act where contravention involves small quantity is concerned, the same are punishable with rigorous imprisonment of a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both and where contravention involves quantity lesser than commercial but, greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees. Therefore, legislature has drawn a distinction in between the various offences for contraventions of various Sections of the NDPS Act, 1985.

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