4 Grams of Heroin

My Lord, If 4 gms. of Heroin is recovered from an Accused, it would amount to a “small quantity”; but when the same 4 gms. is mixed with 50 kgs. of Powdered Sugar, would it be considered a “commercial quantity”?

In the mixture of a narcotic drug or a psychotropic substance with one or more neutral substance/s, the quantity of the neutral substance/s is not to be taken into consideration while determining the small quantity or commercial quantity of a narcotic drug or psychotropic substance.”

Hon’ble Justice D. Misra, Narcotics Control Bureau v. Mushtaq, [Criminal Appeal Nos. 1294-1295 of 2015].

Also see, E. Micheal Raj, (2008) 5 SCC 161.

Advertisements