Plaintiff In Title Suit Must Prove Own Case On Independent Evidence, Cannot Rely On Weakness Of Defence: Supreme Court Advocate Commissioner's Failure To Localize Land Per Title Deeds Fatal To Encroachment Claim: Andhra Pradesh High Court Enmity Is A Double-Edged Weapon, Can Be Motive For False Implication As Much As For Crime: Allahabad High Court Parity In Bail: Karnataka High Court Grants Relief To Accused In Robbery Case As Mastermind & Main Offenders Were Already Enlarged Specific Performance Denied If Buyer Fails To Prove Continuous Readiness With Funds; Part-Payment Can't Be Forfeited Without Specific Clause: Delhi High Court Seized Vehicles Shouldn't Be Kept In Police Stations For Long, Courts Must Judiciously Exercise Power To Release On Supurdagi: Madhya Pradesh High Court Prolonged Incarceration Militates Against Article 21, Constitutional Principles Must Override Section 37 NDPS Rigors: Punjab & Haryana High Court Onus On Individual To Prove Claim Of 'Fear Of Religious Persecution' For Exemption Under Foreigners Act: Calcutta High Court Direct Recruits Cannot Claim Seniority From A Date Prior To Their Entry Into The Cadre: Orissa High Court Sale Deed Executed After Land Vests In State Confers No Title; Post-Vesting Purchaser Can’t Claim Compensation: Calcutta High Court No Right To Blanket Regularization For Contractual Staff; State Must Timely Fill Sanctioned Vacancies Under Reserved Quota: Supreme Court Non-Signatory Collaborator Under 'Deed Of Joint Undertaking' Can Invoke Arbitration Clause As A 'Veritable Party': Supreme Court Insolvency Proceedings Cannot Be Used As Coercive Recovery Mechanism For Complex Contractual Disputes: Supreme Court Legal Heirs Who Were Parties To Sale Cannot Challenge Transfer Under PTCL Act After Long Delay: Supreme Court SC/ST Act | Proceedings To Annul Sale Illegal If Initiated By Legal Heirs Who Were Parties To The Transaction: Supreme Court Consumers Cannot Be Burdened With Tariff Charges Beyond Period Of Service Delivery: Supreme Court Mere Non-Production Of Old Selection Records Or Non-Publication Of All Candidates' Marks No Ground To Direct Appointment: Supreme 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