NDPS quantity test for mixed narcotics turns on actual heroin content, not gross mixture weight.

In NDPS sentencing for heroin mixed with neutral substances, punishment is to be determined on the actual narcotic content, not the gross weight of the mixture. The 2001 amendment introduced graded punishment based on small, intermediate and commercial quantity, and the relevant thresholds must be applied to the pure drug content where the seized substance is diluted with non-narcotic material. On that basis, 60 grams of heroin fell above small quantity but below commercial quantity, attracting Section 21(b) rather than Section 21(c), and the sentence was reduced accordingly.

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Issues: Whether, for the purpose of punishment under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the quantity relevant is the total weight of the mixture seized or the actual content of heroin in the mixture, and whether the appellant was liable to be sentenced under clause (b) or clause (c) of Section 21.

Analysis: The statutory scheme introduced by the 2001 amendment created graded punishment linked to small quantity, intermediate quantity and commercial quantity. The Court read the definitions of opium derivative, manufactured drug, small quantity and commercial quantity with the notification specifying heroin thresholds, and held that when a narcotic drug is found mixed with neutral substances, the neutral material is not to be counted for determining the punishable quantity. The relevant quantity is the actual narcotic content by weight, because the legislative intent was to punish trafficking in significant quantities more severely and lesser offenders less severely. The decision relied on the amended sentence structure and distinguished the earlier precedent that did not decide a mixture-with-neutral-substances situation.

Conclusion: The appellant was liable only under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, not Section 21(c), because the heroin content was 60 grams, which was greater than small quantity but less than commercial quantity. The sentence was reduced accordingly.

Ratio Decidendi: Where a narcotic drug or psychotropic substance is mixed with neutral substances, the quantity for punishment under the NDPS Act is determined by the actual content of the narcotic drug or psychotropic substance, not by the gross weight of the mixture.

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