HIRA SINGH AND ANOTHER Vs. UNION OF INDIA

JUDGEMENT

(1.) Not agreeing with the view taken by this Court in the case of E. Micheal Raj vs. Intelligence Officer, Narcotic Control Bureau (2008) 5 SCC 161 taking the view that 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 (paragraphs 15 and 19), the following questions are referred to a three Judge Bench, vide order dated 3.7.2017:

(2.) Shri Aman Lekhi, learned Additional Solicitor General of India appearing on behalf of the Union of India has vehemently submitted that the decision in E Micheal Raj (supra) has omitted to consider the interplay between different provisions of the NDPS Act. It is submitted that it has focused only on the interpretation of Section 21 of the NDPS Act, without giving effect to the purport of the said provision. It is submitted that the view taken by this Court in the case of E Micheal Raj (supra) in paragraphs 15 and 19 that 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, and the view that when any narcotic drug or psychotropic substance is found mixed with one or more neutral substance/s, for the purposes of imposition of punishment, it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration is clearly wrong and as such contrary to the entire scheme of the NDPS Act. He argued that if the entire scheme including the object and purpose of the NDPS Act is considered, it can be seen that where drugs are sold as mixture the determination for the purposes of punishment would be aggregated quantity of the mixture;

(3.) Shri R.K. Kapoor, learned Advocate appearing on behalf of the appellant in Criminal Appeal No. 722 of 2017 has made the following submissions: