- The Delhi High Court ruled on Friday that the weight of a neutral substance will not be disregarded while deciding whether a confiscated illegal drug is in small or commercial quantity.
- The high court issued its ruling in response to inquiries about a minute amount of a narcotic drug that were referred to it by a single judge.
- The issue came up during the hearing of the bail application of an accused in a case lodged under the provisions of the NDPS Act.
- Where one of the points that arose for consideration was whether the recovery of 110 bottles of cough syrup 'Phensedyl New' weighing 100 gms each and having a Codeine concentration of 0.17 per cent per bottle would be considered as 'commercial quantity' under the NDPS Act. PTI SKV RKS RKS
- The question of whether the weight of the neutral substance should be disregarded while assessing the type of the quantity seized, i.e., small, commercial, or in between, was answered negatively by a bench of Justices Siddharth Mridul and Amit Sharma.
- The division bench stated, "If the contraband seized falls within the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the weight of the neutral substance would not be ignored while determining the nature of the quantity seized, whether small quantity, commercial quantity, or in between."
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