NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband

Case: Mohd Ahsan V. Customs

Coram: Justice Siddharth Mridul and Justice Amit Sharma

Case No.: Bail Appln. 1136/2021

Court Observation: “A combined reading of Rule 52A of The NDPS Rules and Entry no. 35, in the aforementioned notification, would demonstrate that the exception carved out in Entry no. 35, of the aforesaid notifications, with respect to codeine, has been further qualified by way of its inclusion under the category of “essential narcotic drug” under Section 9(1)(a)(va) of the NDPS Act 1985. In our considered opinion, Rule 52A further regulates the manner of possession and other related activities enumerated therein, with respect to substances/preparations covered under the aforesaid Entry 35″

“In that situation, Note 4 of the S.O. 1055 (E) dated 19th October, 2001 would be applicable to such substances including cough syrup,”

“If the alleged contraband seized falls within the definition of “manufactured drug” under Section 2(xi) of the NDPS Act, then the entire notification including the aforesaid “Note 4″ will be applicable.”

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Keywords

Weight Of Neutral Substance, NDPS Act, Determining Quantity, Seized Contraband