Industrial Units In MIDC Areas Exempt From Municipal Property Tax Only As Long As MIDC Provides Amenities: Supreme Court MIDC Service Charges Are Fees For Services, Not Taxes; Industrial Units Must Pay Municipal Property Tax: Supreme Court Public Servants Have No Vested Right To Be Considered For Promotion Under Repealed Rules: Supreme Court IBC | Successful Resolution Applicant Cannot Renege From Approved Plan By Citing Pending Litigations Or Letter Of Intent Conditions: Supreme Court Payment Of 93% Sale Consideration Demonstrates Readiness & Willingness For Specific Performance: Supreme Court Delay In Issuing Legal Notice No Ground To Deny Specific Performance If Suit Filed Within Limitation: Supreme Court Brandishing Pistol At Children During Abduction Inherently Constitutes Threat To Cause Death Or Hurt: Supreme Court Upholds Conviction Under Section 364A IPC Lack Of CDR Records For 2003-Era Kidnapping Not Fatal To Prosecution If Oral Evidence Of Ransom Is Cogent: Supreme Court Supreme Court Dissolves Marriage On Ground Of Irretrievable Breakdown Under Article 142 Despite Wife's Opposition To Decree Failure To Conduct TIP For Unknown Accused Diminishes Evidentiary Value Of Dock Identification: Supreme Court Acquits Rape-Murder Convicts On Death Row Padded Evidence Created By Investigating Agency To Bolster Prosecution Case Fatal To Conviction In Circumstantial Evidence Cases: Supreme Court CCI Has No Inherent Power To Keep Combination Approval In Abeyance Or Order Re-Notification Without Express Statutory Authority: Supreme Court CCI Cannot Reopen Concluded Merger Approvals After One Year; Characterization Dispute In Filing Is Not 'Non-Disclosure': Supreme Court Sets Aside Orders Against Amazon Stamping Defects Are Curable, Arbitrators Empowered To Decide Such Objections Under Section 16 A&C Act: Supreme Court Rejection Of Section 16 Objection By Arbitrator Cannot Be Challenged Under Article 226/227; Aggrieved Party Must Wait For Final Award: Supreme Court Police Parading Accused Or Orchestrating Social Media Condemnation Is Extra-Legal Punishment, Violates Article 21: Rajasthan High Court Inclusion Of Hash Value In Electronic Record Certificates Is Essential For Data Integrity; Not Arbitrary: Supreme Court Judiciary Not Above Criticism; Portraying Imaginary Corrupt Court In Films Doesn't Scandalize Real Courts: Madras High Court

Neutral substance quantity must be considered while  contraband as'small' or 'commercial'- Supreme Court

07 May 2024 8:19 AM

By: Admin


 

While classifying the amount of contraband discovered as a "small quantity" or "commercial quantity," the Supreme Court reaffirmed that neutral substance quantity cannot be disregarded.

The Kerala High Court in this case allowed the appeal brought by the accused who had been found guilty in an NDPS case by relying on its earlier decision in E. Micheal Raj V. Intelligence Officer, Narcotic Control Bureau 2005(2) Crimes 181 (the challenged ruling, which was rendered in 2007).

The decision in E. Micheal Raj [(2008) 5 SCC 161] was later overturned in Hira Singh Vs. Union of India, the bench of Justices Sanjay Kishan Kaul and Abhay S. Oka remarked when the appeal against this decision was scheduled for hearing last week.

There is no argument regarding the fact that the judicial decision in Hira Singh v. Union of India & Anr., reported as 2020 SCC Online SC 382, now resolves the issue and states that the decision of this Court relied upon in the contested judgement, "E. Micheal Raj V. Intelligence Officer, Narcotic Control Bureau, (2008) 5 SCC 161," is no longer good law and that the quantity of the neutral substance cannot be disregarded when calculating the amount "The bench declared.

The bench noted the following when granting the State's appeal: "Given the aforementioned circumstances, we are forced to accept the appeal and maintain the 10-year sentence that the Trial Court imposed. Although we are aware of the absurdity of the situation caused by the extended pending of the current appeal, the in question judgement is from the 28.3.2007, or 15 years ago "The Supreme Court's three-judge panel had made the following ruling in Hira Singh (supra):

(I)This Court's ruling in the case of E. Micheal Raj (Supra) taking the position that, when determining the small quantity or commercial quantity of a narcotic drug or psychotropic substance in a mixture with one or more neutral substance(s), the quantity of the neutral substance(s) is not to be taken into consideration and that, instead, only the actual content by weight of the offending narcotic drug is relevant for the purpose of the investigation (II). If narcotics or psychotropic substances are found in a mixture with one or more neutral substances, the quantity of the neutral substance(s) must be considered when determining the "small or commercial quantity" of the narcotics or psychotropic substances, along with the actual content by weight of the offending substance.

Intelligence Officer, Thiruvananthapuram

vs

K K Naushad 

 

 

 

 

 

 

 

 

 

Latest Legal News