E. MICHEAL RAJ versus INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU

Citation: [2008] 4 S.C.R. 644 · Decided: 11-03-2008 · Supreme Court of India · Bench: P.P. NAOLEKAR · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
[2008] 4 S.C.R. 644 
E. MICHEAL RAJ 
v. 
INTELLIGENCE OFFICER, NARCOTIC CONTROL 
BUREAU 
(Criminal Appeal No. 1250 of 2005) . 
MARCH 11, 2008 
[P.P. NAOLEKAR & LOKESHWAR SINGH PANTA, JJ.] 
Narcotic Drugs and Psychotropic Substances 
c (Amendment) Act, 2001 - Object of - Held: Is to rationalize 
the sentence structure so as to ensure that while drug traffickers 
who traffic in significant quantities of drugs are punished with 
deterrent sentence, the addicts and those who commit less 
serious offences are sentenced to less severe punishment -
0 
Under the rationalised sentence structure, the punishment 
varies depending upon the quantity of offending material -
Interpretation of statutes - Legislative intent - Sentence/ 
Sentencing - Rationalization of 
Narcotic Drugs and Psychotropic Substances Act, 1985 
E (as amended by Narcotic Drugs and Psychotropic Substances 
(Amendment) Act, 2001) - ss.2(xxiiia), 2(viia), 2(xvi)(e), 2(xi), 
8 and 21 - Notification dated 19. 10. 2001 - Entry 56 
Imposition of punishment - Basis for - Held: Based on 
quantity of offending substance -
The Act provides for 
F proportionate sentence for possessing small, intermediate 
and commercial quantities of offending material - Sentence/ 
Sentencing - Rationalization of 
Quantity of narcotic drug - Determination of - Held: For 
G determining the quantity, it is only the actual content by weight 
of the narcotic drug which is relevant and not the total weight 
of the substance - On facts, total quantity of contraband seized 
from accused was 4. 07 Kgs. - Percentage content of narcotic 
drug was 60 gms. which is more than 5 gms., i.e. small quantity, 
H 
644 
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E. MICHEAL RAJ v. INTELLIGENCE OFFICER, 
645 
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NARCOTIC CONTROL BUREAU 
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but Jess than 250 gms., i.e. commercial quantity - Thus, 
A 
accused was punishable under s. 21 (b) of the Act - Further, 
accused was merely a carrier and not -a kingpin - In these 
circumstances, ends of justice would be subserved if sentence 
is reduced to 6 years' rigorous imprisonment with fine. 
The prosecution case was that a bag containing two B 
packets of contraband articles was recovered from the 
custody of the. accused. The officials took sample of 5 
gm each from both the packets. According to the test 
report, the contraband article contained 1.4% and 1.6% 
heroin. The Special Judge under the NDPS Act found that c 
the substance found in possession of the accused was 
an opium derivative and since the manufactured drug 
weighed 4.07 kg., it would come under s.21(c) being a 
commercial quantity, but since the accused was only a 
carrier and was not the beneficiary of the transaction, he D 
would not be awarded the maximum sentence and would 
be awarded the minimum sentence of 10 years' rigorous 
imprisonment and a fine of rupees one lakh and in default 
of payment of fine rigorous imprisonment for one more 
year. The High Court maintained the conviction and E 
sentence awarded by the Special Judge. 
In appeal to this Court, the appellant contended that 
the conviction and sentence of the appellant is contrary 
to law because the total quantity of contraband seized 
,.., 
from him was 4.07 kgs.; and since the purity of heroin F 
---.J' 
was 1.4% and 1.6% respectively in two samples, therefore 
the quantity of heroin in possession was only 60 gms. i.e. 
[(1.4+1.6)/2 = 1.5% of 4.07 kgs. = 60 gms.], thus, the total 
quantity of heroin seized was below the commercial 
quantity of 250 gms. 
G 
Disposing of the appeal, the Court 
...... 
HELD: 1. The provisions of the NDPS Act were 
amended by the Narcotic Drugs and Psychotropic 
Substances (Amendment) Act, 2001, which rationalized H 
646 
SUPREME COURT REPORTS 
[2008] 4 S.C.R. 
· A the punishment structure under the NDPS Act by 
providing graded sentences linked to the quantity of 
narcotic drugs or psychotropic substances carried. 'Small 
quantity' and 'commercial quantity' were defined under 
s.2(xxiiia) and s.2(viia) respectively. New s.21 also provided 
B for proportionate sentence for possessing small, 
intermediate and commercial quantities of offending 
material. As· per Entry 56 of the Notification dated 
19.10.2001 issued by the Central Government which dealt 
with heroin, small quantity has been mentioned as 5 gms. 
c and commercial quantity has been mentioned as 250 gms. 
[Para 6] [650-G-H; 651-A-B] 
2. The possession of offending substance. would be 
considered for an offence punishable under the NDPS 
Act, as he
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