Top Lawyer in Hyderabad: NDPS Defence Strategy based on Small, Intermediate, and Commercial Quantity

RVK Law Associates: Advocates in Hyderabad Focusing on Quantum of Punishment and Sentencing

In an NDPS case, the punishment is directly proportional to the quantity of the seized substance—categorized as Small, Intermediate, or Commercial Quantity. A single gram difference can move a case from a 1-year sentence to a minimum of 10 years. The expertise of a Top Criminal Lawyer in Hyderabad is often demonstrated by successfully arguing that the seized substance falls into a lower category.

Governing Law and Quantity Classification

The distinction hinges on the specific thresholds defined by the Central Government:

• Small Quantity: Less serious offence, punishment up to 1 year and a small fine. Bail is relatively easy to obtain.

• Intermediate Quantity: More serious, but Section 37’s rigour does not apply. Punishment up to 10 years.

• Commercial Quantity: The most severe, attracting minimum 10 years and the rigour of the Section 37 twin test for bail.

• Mixture Rule: The weight of the neutral substance (e.g., filler in a drug powder) is considered along with the pure drug content when determining the quantity, based on the landmark Hira Singh judgment.

RVK Law Associates: Strategic Legal Intervention

Our defence strategy aggressively challenges the prosecution’s quantity claim:

• Challenging the CA Report: We meticulously examine the Chemical Analyzer’s (CA) Report, looking for inconsistencies in testing, sampling, or chain of custody (e.g., delayed submission, damaged seal) that may render the quantity claim unreliable.

• Pure Content Argument: Although the Hira Singh judgment includes neutral material, we use the concentration ratio and scientific data to argue for a more lenient interpretation, especially in complex mixtures, to mitigate the severity of the offence.

• Inaccurate Weighing: We probe the initial weighing process recorded in the seizure memo, arguing that the weighing scales were uncalibrated or that the entire weight includes packaging material, thereby challenging the crossing of the commercial quantity threshold.

• Leveraging Small Quantity for Rehabilitation: For cases involving Small Quantity, we actively pursue Section 64A, arguing for immunity from prosecution if the accused is an addict who voluntarily undergoes de-addiction treatment, securing rehabilitation instead of jail time.

Conclusion

The quantity of the substance is the most critical factor in an NDPS case. RVK Law Associates provides specialized Legal Services in Hyderabad, focusing on a detailed technical and legal review to ensure the quantity is correctly assessed and the minimum possible sentence is secured.