P&H HC raps lower court judge for not keeping abreast of latest law on drug possession

The Punjab and Haryana High Court was recently constrained to pull up a special court judge for not keeping abreast of the latest developments on the law against the possession of drugs and narcotic substances (Mandeep Singh v. State of Punjab)..Justice Rekha Mittal was in the midst of hearing a bail plea when she noticed that bail had been given to a co-accused on finding that the banned substance seized would be below the "commercial quantity" prescribed if the non-drug salts in the mixture were discounted from estimating the quantity. .The accused had been apprehended in October last year with 429 Lomotil tablets and 420 Alprax05 tablets in quantities falling within the limit of commercial quantity, as per the prosecution case. However, the special judge noted, after perusing a forensic report, that,."... 420 lomotil tablets contain 26.46 of salt Diphneoxylate (above 50 grams commercial) and 420 tablets of Alprex contain 50.04 of salt Alprazolam (above 100 grams commercial) and the above said quantity of the tablets, due to different salt, falls within non commercial range.".The Punjab and Haryana High Court pointed out that this is a flawed approach, more so given the Supreme Court's recent ruling in Hira Singh vs Union of India..In April this year, the Supreme Court had clarified that while assessing the quantity of seized contraband in the form of a mixture containing neutral substances, the quantity of such neutral substances shall also be taken into account..[NDPS Act] What Supreme Court said about assessing the quantity of contraband from a seized mixture containing neutral substances.In view of this position, Justice Mittal of the Punjab and Haryana High Court observed, ."The Special Judge either did not keep herself updated with the latest position in law or did not bother to examine the case in the light of latest judgment of Hon'ble the Supreme Court Hira Singh and another Vs. Union of India and another, 2020(2) RCR (Criminal) 523 wherein it has been held that in case of seizure of mixture of narcotic drugs or psychotropic substances with one or more neutral substance(s), quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by weight of offending drug, while determining small or commercial quantity of narcotic drugs or psychotropic substances.".The Court, therefore, clarified that the State would be at liberty to challenge the bail granted to the co-accused. The main bail plea before the High Court was dismissed as withdrawn. .Read the order: