VidhiSangh

Supreme Court of India · 22/04/2020

HIRA SINGH AND ANOTHER versus UNION OF INDIA AND ANOTHER

[2020] 4 S.C.R. 1130 · 2017 INSC 583

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A three-judge Bench held that neutral substances forming part of a seized narcotic-drug or psychotropic-substance mixture must be included when determining small or commercial quantity. It rejected the contrary rule in E. Micheal Raj and upheld the 2009 notification adding Note 4 as clarificatory. Section 21 must be read with the statutory scheme and notifications. Individual appeals were left for merits decisions by the appropriate court.

Issues

  1. Whether quantity classification depends on pure drug content or the total mixture including neutral material.
  2. Whether E. Micheal Raj remained good law.
  3. Whether the 2009 notification adding Note 4 exceeded the statutory scheme.

Provisions considered

Held

Result

Reference answered. Writ petitions and Civil Appeal No. 5218/2017 challenging the notification dismissed; remaining individual appeals directed to the appropriate court for decision on merits. Intervention application disposed of.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 1130.