Narcotic Drugs and Psychotropic Substances Act, 1985. Mixture of drug with neutral substance. To decide ‘commercial quantity’ of drug seized, even neutral substance has to be taken into consideration. Law on the point discussed. Karnataka High Court.

Rigesh Ravindran vs Union of India Criminal Petition 5009/2020 decided on 24 November 2020.

Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349587/1/CRLP5009-20-24-11-2020.pdf

Relevant paragraphs: 9. The first contention is that the MDMA which has been seized from the possession of the  accused after excluding neutral substance is not a commercial quantity. 10. It is the specific contention of the respondent that the Court while considering the quantity of the drug seized, neutral substance must also have to be taken into consideration.

12. On close reading of Hira Singh and another Vs. Union of India and Another, reported in SC 2020 SCC Online SC 382., it has been made clear that in case of seizure of mixture of drugs with one or neutral substance, the quantity of neutral substance is not to be excluded and to be taken into consideration along with the actual content by weight of the offending drug while determining the small quantity or commercial quantity of the drug.

Petition for bail dismissed.

Compiled by S. Basavaraj, Advocate, Daksha Legal.