“The problem of drug addicts is international and the mafia is working throughout the world. It is a crime against society and it has to be dealt with iron hands. Use of drugs by young people in India has increased. The drugs are being used for weakening of the nation.
The view, in the mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s) the quantity of the neutral substance(s) is not to be taken into consideration and only the actual content by weight of the offending narcotic drug is relevant for the purpose of determining whether it would constitute small quantity or commercial quantity, is not good law.
It is required to be noted, illicit drugs are seldom sold in a pure form. They are almost always adulterated. Take example of heroin. It is known as powerful and illegal street drug and opiate derived from morphine. This drug can easily be ‘cut’ with a variety of different substances. This means, drug dealer will add other drugs or non-intoxicating substances to the drug so that they can sell more of it at a lesser expense to themselves. Brown-sugar/smack is usually made available in power form. The substances is only about 20% heroin. The heroin is mixed with other substances like chalk powder, zinc oxide and because of these impurities, brown-sugar is cheaper but more dangerous. Therefore, what is harmful or injurious is the entire mixture/tablets with neutral substance and narcotic drugs or psychotropic substances.
If only the actual content by weight of offending drug is relevant for the purpose of determining whether it would constitute small quantity or commercial quantity [E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, (2008) 5 SCC 161], the object and purpose of enactment of NDPS Act would be frustrated.”
– Hon’ble Justice M.R. Shah, Hira Singh v. Union of India, [Criminal Appeal No. 722 of 2017].