NDPS Act | Entire Mixture, Including Offending Drug & Neutral Substance, Must Be Considered To Determine 'Small Or Commercial' Quantity: Chhattisgarh HC

Post By 24law
January 25, 2025

Pranav B Prem

In a recent ruling, the Chhattisgarh High Court emphasized that the entire quantity of a narcotic drug or psychotropic substance, including both the "offending drug" and any "neutral substance" mixed, must be considered to determine whether it falls under the category of "small quantity" or "commercial quantity" under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The division bench comprised Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, who relied on the Supreme Court's precedent in Hira Singh & Anr. v. Union of India & Anr. (2020) while delivering their judgment.

Case Background

The case involved two appellants, Ambika Vishwakarma and Narayan Das, who were convicted under Section 21(c) of the NDPS Act for possession of 236 bottles of psychotropic syrups containing Codeine Phosphate. The trial court sentenced them to 12 years of rigorous imprisonment and imposed fines of ₹1,10,000 each. The appellants challenged their convictions, contending that the trial court erred in treating the seized syrups as "commercial quantity." The defense argued that only the weight of the active drug, Codeine Phosphate, should be considered rather than the gross weight of the mixture. If only the active ingredient's weight were considered, the appellants contended that the quantity would fall under the "intermediate" category rather than "commercial."

Key Observations of the Court

Application of Hira Singh Judgment: The court reiterated the Supreme Court's ruling in Hira Singh, stating that for mixtures containing narcotic drugs or psychotropic substances, the total weight of the mixture, including neutral substances, must be considered for determining its classification under the NDPS Act. The court rejected reliance on E. Micheal Raj v. Intelligence Officer (2008), which held a contrary view.

Evidence and Prosecution's Case: Despite two independent seizure witnesses turning hostile, the court upheld the seizure's validity, relying on the consistent testimony of the Investigating Officer. The court observed that the officer followed due procedure under Section 50 of the NDPS Act by informing the appellants of their right to be searched before a magistrate or gazetted officer.

Sentencing: The court reduced the sentence from 12 years to 10 years of rigorous imprisonment. While affirming the conviction, it observed that the trial court had not provided specific reasons under Section 32B of the NDPS Act for imposing a sentence higher than the statutory minimum of 10 years for offenses involving "commercial quantity."

The judgment reinforces the principle established in Hira Singh, ensuring that the determination of "small" or "commercial" quantity under the NDPS Act includes the gross weight of the seized mixture. This interpretation reflects the legislature's intent to impose stringent penalties for drug-related offenses and deter illicit trafficking.

Cause Title: Ambika Vishwakarma vs. State of Chhattisgarh and a connected matter