Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,—
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both;
(b) 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;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
Legal Commentary & Landmark Judgments: Section 21
Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 penalizes the manufacturing, possession, sale, purchase, transport, or import-export of manufactured drugs and preparations, establishing a graded sentencing regime based on small, intermediate, or commercial quantities.
In commercial quantity heroin or brown sugar trials, verify the forensic chemical examiner's report and seizure panchnama; if the investigating agency failed to maintain an unbroken sample seal audit trail, move for bail under Section 37.