NDPS Lawyer in Delhi – Trusted Representation in Narcotics Cases

sidhant dhingrasidhant dhingra
3 min read

India’s fight against drug abuse and illicit trafficking is anchored in one of its most stringent laws—the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Enacted to curb the menace of narcotics, this legislation empowers authorities to regulate, control, and penalize activities related to narcotic drugs and psychotropic substances. If you or someone you know is facing charges under this Act, having an experienced NDPS lawyer in Delhi is crucial for a fair and informed legal defense.

Let’s break down the NDPS Act in a way that’s both legally sound and easy to understand.

Why Was the NDPS Act Enacted?

Before 1985, India lacked a unified legal framework to combat drug trafficking. The NDPS Act was introduced to:

  • Fulfill India’s international obligations under UN conventions

  • Regulate the production, possession, sale, transport, and consumption of narcotic and psychotropic substances

Key Definitions Under the Act

  • Narcotic Drugs: Substances like opium, heroin, morphine, cannabis (charas, ganja), etc.

  • Psychotropic Substances: Chemical substances that affect the mind—like LSD, MDMA, amphetamines

  • Controlled Substances: Chemicals used to manufacture narcotics (e.g., acetic anhydride)

Major Offences, Quantities & Penalties

The NDPS Act takes a zero-tolerance approach to drug offences, with punishment based on the quantity of substance involved.

Small vs. Commercial Quantities of Banned Substances

SubstanceSmall QuantityCommercial Quantity
Heroin (Diacetylmorphine)5 grams250 grams
Cocaine2 grams100 grams
Opium25 grams2.5 kilograms
Ganja (Cannabis)1 kilogram20 kilograms
Charas/Hashish100 grams1 kilogram
MDMA (Ecstasy)0.5 grams50 grams
LSD0.002 grams (2 mg)0.1 grams (100 mg)
Methamphetamine5 grams50 grams
Amphetamine2 grams50 grams
Ketamine10 grams500 grams
Alprazolam0.5 grams100 grams
Buprenorphine1 gram20 grams

Intermediate quantities—between small and commercial—carry moderate penalties.

Penalty Structure

Small QuantityUp to 1 year imprisonment or ₹10,000 fine or both
More than Small but Less than CommercialUp to 10 years imprisonment and ₹1 lakh fine
Commercial Quantity10–20 years imprisonment and ₹1–2 lakh fine (can be enhanced for repeat offenders)

Note: Bail is not easily granted in commercial quantity cases due to the strict bar under Section 37.

Enforcement and Procedure

  • Search & Seizure: Sections 41–50 empower authorities to act without warrant under certain conditions

  • Presumption of Guilt: Section 35 allows presumption of culpable mental state

  • Conscious Possession: Courts focus on both knowledge and control over the substance

Notable Provisionse

  • Section 8(c): Prohibits unauthorised production, possession, transport, and consumption

  • Section 27: Penalty for personal use (treated with leniency in some cases)

  • Section 64A: Provides immunity if the addict voluntarily seeks de-addiction

  • Section 36A: Special Courts designated for speedy trials

Facing Charges Under the NDPS Act?

If you or someone you know is entangled in an NDPS case—whether for possession, trafficking, bail proceedings, or procedural violations—you need an experienced NDPS lawyer in Delhi to protect your rights and guide you through the complex legal process.

https://advocatesidhantdhingra.com/ndps-lawyer-in-delhi.html

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Written by

sidhant dhingra
sidhant dhingra

Sidhant Dhingra & Associates is a leading law firm having its base in New Delhi, India. The firm was Established in the year 2016 and are best known for their Criminal Law Practice. The firm is headed by Mr. Sidhant Dhingra (Advocate) who is best known as Criminal Defence Lawyer. He actively practice at Supreme Court of India, High Court of Delhi and all District Court in Delhi. He is best known for his Criminal Trial Proceedings, Bail Matters, especially for white collar crime cases. The Firm has extensive practice majorly in Delhi comprises of eminent lawyers, who emphasize on identifying the client's needs down to the last details. That the firm believe that no case is indefensible. The firm provide complete and comprehensive legal services under criminal law from registration of criminal complaint in the form of the FIR into the police station to its various stages viz. investigation, Bail, Charge, Trial, appeal & revision etc. we practice law from the court of Metropolitan Magistrate to Supreme Court of India.