Possessing Intermediate Quantity Of Opium Poppy Doesn't Attract Rigors Of S.37 NDPS Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that possession of 7.033 kg of poppy husk is an intermediate quantity and the rigorous conditions for bail under Section 37 of the NDPS Act are not applicable in such cases.

Justice Rakesh Kainthla reiterated that: “The Central Government has issued a notification prescribing 1 kg of opium poppy straw as the small quantity, and 50 kg of the poppy straw is the commercial quantity.”

The Court remarked that: “Thus, the petitioner was found in possession of an intermediate quantity, and the rigours of Section 37 of the ND&PS Act do not apply to the present case.”

In July 2025, the petitioner, Ugma Ram, was arrested after the police recovered 7.033 kg of poppy husk from his car during a patrol operation in District Solan.

Thereafter, the petitioner sought regular bail under Section 439 CrPC for offences committed under Section 15 of the NDPS Act.

The petitioner contended that he was falsely implicated as the seized quantity was less than the commercial quantity, and the rigours of Section 37 of the NDPS Act do not apply to this case.

In response, the state contended that the petitioner was found in possession of a significant quantity of opium poppy husk, and if he was released on bail, he could abscond and intimidate the witnesses.

Reiterating the Central Government's notification, the court reiterated that 1 kg of poppy straw is a small quantity, while 50 kg is a commercial quantity.

Since 7.033 kg was between these limits, it fell under intermediate quantity, and thus, Section 37 NDPS Act was inapplicable.

The Court observed that since the petitioner has no prior criminal record, his continued detention would put him in contact with hardened criminals, and the chances of his reformation would become bleak.

Further, the Court stated that as the police had already filed the charge sheet, the petitioner was no longer required for investigation.

Thus, the Court granted bail to the petitioner and imposed several conditions.

Case Name: Ugma Ram v/s State of Himachal Pradesh

Case No.: CWPOA No. 4678 of 2019

Date of Decision: 27.10.2025

For the Petitioner: Ms. Yug Singhal & Hitender Verma, Advocates

For the Respondent: Mr. Ajit Sharma, Deputy Advocate General

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