STATE OF HIMACHAL PRADESH Vs. KARUNA SHANKER PURI

JUDGEMENT

(1.) Leave granted in SLP [Crl.] No.1541/2014.

(2.) It is stated by both the counsels for the appellant and the accused that the matters were kept aside in terms of the order dtd. 12/9/2018 to await the judgment in Hira Singh and Anr. v. Union of India and Anr. case which judgment has now been delivered and reported as Hira Singh and Anr. v. Union of India and Anr.- (2020) SCC Online SC 382. This Court has opined on the issue whether the actual content of the weight of the offending drug is to be considered or whether as a whole procedure has to be looked into on the basis of the larger objective of the Narcotic Drugs and Psychotropic Substances Act to opine as under:

(3.) The effect of the aforesaid is that the quantity of the neutral substance is not to be excluded and to be taken into consideration along with the actual content of the weight of the offending drug while determining small and commercial quantities.