NDPS - Quantity Of Neutral Substances In Mixture Must Be Taken Into Account With Actual Drug Weight To Determine 'Small Or Commercial Quantity' : SC

In a significant verdict, the Supreme Court on Wednesday held that the quantity of neutral substances in a mixture containing narcotic drugs or psychotropic substances must be taken into account along with the actual weight of the offending drug while determining 'small or commercial quantity' under the Narcotic Drugs and Psychotropic Substances Act, 1985.On this view, a three-judge. The question before the court was "whether while determining the small or commercial quantity in relation to narcotic drugs or psychotropic substances in a mixture with one or more neutral substance, the quantity of neutral substance is not to be taken into consideration or it is only the actual content by weight of the offending drug which is relevant for the purpose of determining whether it would constitute small quantity or commercial quantity?". The decision of this Court in the case of E. Micheal Raj taking the view that in the mixture of narcotic drugs or psychotropic substance with one or more neutral substance, the quantity of the neutral substance is not to be taken into consideration while determining the small quantity or commercial quantity of a narcotic drug or psychotropic substance and only the actual content by weight of the offending narcotic drug which is relevant for the purpose of determining whether it would constitute small quantity or commercial quantity, is not a good law;. In case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance, the quantity of neutral substance is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the "small or commercial quantity" of the Narcotic Drugs or Psychotropic Substances;.