In view of the above and for the reasons stated above, Reference is answered as under:
(I). The decision of this Court in the case of E. Micheal Raj (Supra) 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;
(II). 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;
(III). 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;
(IV). 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.
Consequently, writ petitions and Civil Appeal No. 5218/2017 challenging the aforesaid notification stand dismissed.
11. The Reference is answered accordingly.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 722 OF 2017
HIRA SINGH Vs UNION OF INDIA
M.R. SHAH, J.
Dated:APRIL 22, 2020.
