Supreme Court Issues Notice in Writ Petition Challenging 2020 NDPS Act Judgment on Drug Quantity Determination

The Supreme Court of India today issued a notice in a writ petition that challenges the correctness of its 2020 judgment in the landmark case of Hira Singh v. Union of India. The 2020 judgment had upheld the validity of a Central Government notification dated November 18, 2009, issued under the Narcotic Drugs and Psychotropic Substances Act, 1985 (commonly referred to as the NDPS Act). This notification prescribes that the classification of small, intermediate, and commercial quantities of narcotic drugs should be determined based on the total weight of the seized mixture, rather than the pure or actual weight of the offending drug within that mixture.

The 2009 notification explicitly states that the quantities specified in the official table under the NDPS Act apply to the entire mixture, including any solution, narcotic drugs, or psychotropic substances, along with their dosage forms, isomers, esters, ethers, and salts. This means that even the neutral or inert substances mixed with the drug are counted towards the total weight for legal categorization purposes.

The current petition has been filed by Mayank Girishbhai Shah, who is facing trial for alleged offences under Sections 18(b) and 23(c) of the NDPS Act concerning the unlawful export of opium. The petition challenges the interpretation laid down by the Supreme Court in 2020 regarding how drug quantities should be measured for determining the severity of charges and penalties.

The 2020 ruling in Hira Singh was passed by a three-judge bench consisting of then-Justices Arun Mishra, Indira Banerjee, and M R Shah. This bench had overturned an earlier 2008 decision in E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, which held that only the actual weight of the drug present in a mixture should be taken into account under the NDPS Act, and that the weight of neutral substances could be excluded.

In contrast, the Hira Singh bench ruled that the neutral substances in a narcotic mixture must be considered along with the drug’s actual weight when determining the legal classification of small or commercial quantity under the NDPS Act. This interpretation effectively broadened the scope of what counts as the drug quantity for legal purposes.

The bench hearing the current petition comprises Justice MM Sundresh and Justice NK Singh, who have now issued notice to the Union of India, inviting a response on the challenge to the 2020 decision.

This fresh legal challenge signals potential reconsideration by the Supreme Court on how narcotic quantities are calculated, which could have far-reaching consequences on the enforcement of the NDPS Act and prosecutions related to drug trafficking and possession.

Case Details: Mayank Girishbhai Shah v. Union of India