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 psychotropic substance 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 22
Section 22 prescribes tiered punishments for contraventions in relation to psychotropic substances (including MDMA, ecstasy, methamphetamine, amphetamine, and alprazolam).
Section 22 prescribes tiered, stringent penalties for psychotropic substance trafficking, reserving mandatory minimum custodial terms for commercial quantities.
Section 22 penalizes the synthetic drug trade. Because synthetic chemicals are extremely potent in minute quantities, commercial thresholds are exceedingly low (e.g. 50 grams for methamphetamine), making commercial classifications swift and punitive.