The Supreme Court reaffirmed on Thursday that the quantity of neutral substance recovered cannot be ignored when labelling the quantity of contraband recovered as 'small quantity' or 'commercial quantity.' Last week, the appeal against this judgement was heard by a bench of Justices Sanjay Kishan Kaul and Abhay S. Oka, who noted that the decision in E. Micheal Raj [(2008) 5 SCC 161] was later overruled in Hira Singh Vs. Union of India.

"There is no cavil to the issue that the judicial pronouncement now settles the issue in "Hira Singh & Anr. Vs. Union of India & Anr." reported as 2020 SCC Online SC 382 opining that the decision of this Court relied upon in the impugned judgment- "E. Micheal Raj V. Intelligence Officer, Narcotic Control Bureau, (2008) 5 SCC 161" is no more good law and in determining as to what is the quantity, the neutral substance quantity is not be ignored.", the bench said.

While allowing the appeal filed by the State, the bench observed:

"The aforesaid being the position, there is little choice with us but to allow the appeal and uphold the sentence as imposed by the Trial Court of 10 years. Though we do realize the travesty of the situation arising from prolonged pendency of the present appeal where the impugned judgment is of vintage 28.3.2007 i.e. 15 years old."

In this case, the Kerala High Court (in the impugned judgement issued in 2007) relied on its earlier decision in E. Micheal Raj V. Intelligence Officer, Narcotic Control Bureau 2005(2) Crimes 181 in allowing an appeal filed by the accused who had been convicted in an NDPS case.

Case details

Intelligence Officer, Thiruvananthapuram vs K K Naushad

CrA 1726/2019

Link: https://main.sci.gov.in/supremecourt/2007/34868/34868_2007_2_106_39776_Order_17-Nov-2022.pdf