Supreme Court: Consider Neutral Substance Weight in Drug Cases.

The Supreme Court held in the case that the weight of the neutral substance cannot be ignored when determining the nature of the quantity seized in cases involving manufactured drugs. Note 4 of S.O. 1055 (E) applies to manufactured drugs with a minuscule percentage of a narcotic substance. Additionally, Note 4 is applicable to cough syrups containing a small amount of Codeine if covered by Rule 52A of the NDPS Rules. The case was remanded for further consideration regarding the grant of bail.

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Issues Involved:
1. Whether the weight of the neutral substance should be ignored while determining the nature of the quantity seized in cases involving manufactured drugs with a minuscule percentage of a narcotic substance.
2. Applicability of Note 4 of the S.O. 1055 (E) dated 19th October 2001 to manufactured drugs with a minuscule percentage of a narcotic drug.
3. Applicability of Note 4 to cough syrups containing a minuscule percentage of Codeine due to its medicinal value and availability.

Issue-wise Detailed Analysis:

1. Weight of Neutral Substance in Determining Quantity:
The court addressed whether the weight of the neutral substance should be ignored when determining the nature of the quantity seized. The Supreme Court in Hira Singh vs. Union of India (2020) held that "the quantity of the entire substance would be considered for the purposes of ascertaining whether it is a commercial quantity, intermediate quantity or small quantity." Therefore, the weight of the neutral substance cannot be ignored.

2. Applicability of Note 4 of S.O. 1055 (E) to Manufactured Drugs:
The court considered whether Note 4 of the S.O. 1055 (E) dated 19th October 2001 should be held inapplicable to manufactured drugs containing a minuscule percentage of a narcotic drug. The Supreme Court in Hira Singh clarified that "the quantity of neutral substance(s) is not to be excluded" when determining the nature of the quantity seized. Thus, Note 4 applies to all manufactured drugs containing narcotic substances, irrespective of the percentage.

3. Applicability of Note 4 to Cough Syrups Containing Codeine:
The court examined whether Note 4 should apply to cough syrups containing a minuscule percentage of Codeine due to its medicinal value and availability. The judgment in Iqbal Singh vs. State (2020) was considered, where it was held that cough syrup containing Codeine Phosphate would not fall within the definition of 'manufactured drug' under the NDPS Act due to its medicinal use. However, the court noted that the NDPS Act and the Drugs and Cosmetics Act must be read harmoniously. The court referred to Rule 52A of the NDPS Rules, which regulates the possession and use of essential narcotic drugs, including Codeine. The court concluded that if the contraband falls under Rule 52A, then violation of the said Rules would be punishable under the NDPS Act, making Note 4 applicable to such substances, including cough syrup.

Conclusion:
The court answered the referred questions as follows:
- The weight of the neutral substance is not to be ignored while determining the nature of the quantity seized.
- Note 4 of the S.O. 1055 (E) applies to manufactured drugs containing a minuscule percentage of a narcotic drug.
- Note 4 is applicable to cough syrups containing a minuscule percentage of Codeine if the contraband is covered by Rule 52A of the NDPS Rules.

The matter was referred back to the appropriate bench for considering the question of grant of bail.

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