Purity testing of narcotic mixtures is required to classify quantity; without it, the substance is treated as small quantity.

For a seized heroin mixture or preparation covered by the relevant notification, the exact narcotic content must be established by purity testing before the quantity category is fixed. In the absence of such testing, the material cannot be treated as commercial quantity, and it is to be classified only as small quantity for sentencing purposes. Applying that principle, the conviction under Section 21(c) of the NDPS Act was set aside and substituted with conviction under Section 21(a), with the sentence reduced accordingly.

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Issues: Whether, in the absence of a purity test to determine the exact narcotic content of the seized mixture or preparation, the contraband had to be treated as a small quantity so as to attract punishment under Section 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 instead of Section 21(c) of that Act.

Analysis: The quantity seized was a mixture/preparation of heroin, and no purity test had been conducted to ascertain the actual narcotic content. The governing principle applied was that, for substances covered by the relevant notification entry dealing with mixtures or preparations, the exact percentage of narcotic drug or psychotropic substance must be determined by purity testing before fixing the quantity category. In the absence of such test results, the contraband is to be treated only as a small quantity. On that basis, the conviction could not stand under the provision applicable to commercial quantity.

Conclusion: The conviction under Section 21(c) was set aside and the accused was convicted under Section 21(a), with the sentence reduced accordingly.

Ratio Decidendi: Where a seized contraband is a mixture or preparation covered by the relevant notification, purity testing is necessary to determine the actual narcotic content for classification as small, intermediate, or commercial quantity; without such proof, the contraband is to be treated as a small quantity for sentencing purposes.

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