351.
(SC) 11-03-2008
Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 2(xxiiia), 2(viia), 21(b) (c) – Recovery of heroin – Mixture of Narcotic drug or a psychotropic substance with one or more neutral substance/s -- Small Quantity – Commercial quantity – Determination of -- In the mixture of a narcotic drug or a 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 -- It is only the actual content by weight of the narcotic drug which is relevant for the purposes of determining whether it would constitute small quantity or commercial quantity -- Held, when any narcotic drug or psychotropic substance is found mixed with one or more neutral substance/s, for the purpose of imposition of punishment it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration.
(Para 13-16)