Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs or Psychotropic Substances Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Narcotic Drugs or Psychotropic Substances Act, 1985 – s.21 – In case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and has 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 – The decision in the case of E. Micheal Raj taking the contrary view is not a good law – s.21 of the NDPS Act is not stand-alone provision and must be construed along with other provisions in the statute including Notification No.S.O.2942(E) dated 18.11.2009 and Notification S.O 1055(E) dated 19.10.2001 – Challenge to Notification dated 18.11.2009 adding “Note 4” to the Notification dated 19.10.2001 specifying small quantity and commercial quantity of NDPS covered under the NDPS Act was clarificatory and by way of abundant caution and the same is not ultra vires to the Scheme and the relevant provisions of the NDPS Act – Drug trafficking. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2017 INSC 583 |
Petitioner | Hira Singh And Another |
Respondent | Union Of India And Another |
SCR | [2020] 4 S.C.R. 1130 |
Judgement Date | 2020-01-22 |
Case Number | 722 |
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