332.
(SC) 22-04-2020
A. Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 2(viia), (xxiiia), 21, 22, 23, 24, 27, 43 – Interpretation of NDPS Act – Literal interpretation -- Provisions of NDPS Act are required to be interpreted keeping in mind the object and purpose of NDPS Act; impact on the society as a whole and the Act is required to be interpreted literally and not liberally which may ultimately frustrate the object, purpose and preamble of the Act.
(Para 8)
B. Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 2(viia), (xxiiia), 21 -- Small or Commercial quantity -- Mixture of narcotic or psychotropic substance with neutral substance – Decision in the case of E. Micheal Raj (2008) 5 SCC 161, taking the view that in the mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s), the quantity of the neutral substance(s) 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.
(Para 10(i))
C. Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 2(viia), (xxiiia) – Small or Commercial quantity – Mixture of narcotic or psychotropic substance with neutral substance – Held, 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 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.
(Para 10 (ii))
D. Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 2(viia), (xxiiia), 21 – Constitution of India, Article 226 -- Notification dated 18.11.2009 adding “Note 4” to the Notification dated 19.10.2001 – Challenge to -- Section 21 of the NDPS Act is not stand-alone provision and must be construed along with other provisions in the statute including provisions in the NDPS Act 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, fails and it is observed and held that the same is not ultra vires to the Scheme and the relevant provisions of the NDPS Act.
(Para 10 (iii) &(iv))