1 Kilogram of Heroin

Posted on by Rudrajyoti Nath Ray

It is four times more than the minimum of ‘commercial quantity’. Courts may take into account “such factors as it may deem fit” [Rafiq Qureshi v. Narcotic Control Bureau, Eastern Zonal Unit, (2019) 6 SCC 492]. Quantity of substance would fall into “such factors as it may deem fit”.

Gurdev cannot be said to be a mere carrier. Even a carrier who has knowledge, he is carrying with him a huge commercial quantity of narcotic substances/drugs, can be awarded the sentence higher than the minimum sentence provided. Merely being poor and/or a carrier and/or a sole bread earner cannot be a mitigating circumstance while awarding the sentence/punishment. While striking balance between the mitigating and aggravating circumstances, impact on the society as a whole will always tilt in favour of the suitable higher punishment.  

– Hon’ble Justice M.R. Shah, Gurdev Singh v. State of Punjab, [Criminal Appeal No. 375 of 2021].

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