Case Title: Hira Singh & Anr. V. Union of India & Anr.
In a landmark decision, the Supreme Court ruled that when determining what constitutes a "small or commercial quantity" under the Narcotic Drugs and Psychotropic Substances Act of 1985, consideration must be given to the amount of neutral substance present in a mixture containing narcotic drugs or psychotropic substances in addition to the actual weight of the offending drug.
Accordingly, a three-judge panel overturned the 2008 ruling in E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, which had determined that the NDPS Act only applied to the weight of the drug in a combination and may omit the weight of any neutral substances. Thus, a reference filed in 2017 questioning the accuracy of E. Micheal Raj was addressed by a three-judge panel made up of Justices Arun Mishra, Indira Banerjee, and MR Shah.
The court had to decide "whether the quantity of the neutral substance(s) is not to be taken into consideration when determining the small or commercial quantity in relation to narcotic drugs or psychotropic substances in a mixture with one or more neutral substance(s), 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 bench observed that 4 kg of heroin, which would fall under Entry 56 of the notification under the NDPS Act, was the drug that was found in the E. Micheal Raj case. According to the aforementioned notification, the commercial amount for heroin was 250 gm, whereas 5 gm was considered a tiny quantity. Heroin was viewed by the bench in the E. Micheal Raj case as an Opium derivative and so a "made drug." As a result, that bench was not working with a drug-containing combination.
Considering the statement of objects and reasons of the NDPS Act, the bench observed that "it was never the intention of the legislature to exclude the quantity of neutral substance and to consider only the actual content by weight of offending drug which is relevant for the purpose of determining whether it would constitute small quantity or commercial quantity".
The bench also observed that medications are never offered in pure form, but rather are typically sold as mixtures and stated that a combination of narcotic drugs or psychotropic substances is much more harmful.
"At this stage, 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, which causes the heroin to vaporize at a lower rate. That could allow users to take the drug faster and get a big punch sooner. Aspirin, crushed tablets, could have enough powder to amend reversal doses of drugs,” read the judgment authored by Justice MR Shah in E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau.
The bench emphasised that the NDPS Act's provisions must be construed in light of the Act's goals and purposes as well as its potential effects on society.