In an important judgement, the Supreme Court has held that the quantity of neutral substances would not be excluded in weighing the seized contraband drugs, for determining the punishment for an accused under the Narcotic Drugs and Psychotropic Substances Act.
A bench of Justices Arun Mishra, Indira Banerjee, and M R Shah said that it is required to be noted that illicit drugs are seldom sold in a pure form. They are almost always adulterated or cut with other substances. Caffeine is mixed with heroin, it causes that heroin to vaporise at a lower rate. That could allow users to take the drug faster and get a big punch sooner.
The court said the quantity of neutral substances is thus 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.
Under the Act, the penalty varies on the basis of quantity of seized drugs such as small or commercial quantity.
Answering a reference, the three-judge bench on Wednesday declared the 2008 ruling in 'E Micheal Raj vs Intelligence Officer, Narcotic Control Bureau' case for considering only content of narcotic drug or psychotropic substance for punishment, as "not a good law".
The top court said the NDPS Act was required to be interpreted "literally and not liberally" which may ultimately frustrate its object, purpose and preamble. The special law is "intended to combat the menace otherwise bent upon destroying the public health and national health", it said.
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