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2022 (8) TMI 770 - SC - Indian LawsSeeking grant of Bail - when the question relating to determination of quantity of narcotic/psychotropic substances in a mixture has been referred to a Larger Bench, the High Court could not have decided the issue of law in granting bail to the respondents without considering the judgment rendered by this Court in HIRA SINGH ANR. VERSUS UNION OF INDIA ANR. 2017 (7) TMI 1427 - SUPREME COURT ? HELD THAT - The above question was answered by the three-Judge Bench in Hira Singh and Another v. Union of India Another 2020 (4) TMI 671 - SUPREME COURT , where it was held that In case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the small or commercial quantity of the Narcotic Drugs or Psychotropic Substances. The ends of justice would be met if the impugned order passed by the High Court granting bail to the respondents herein is set aside. The impugned order passed by the High Court is, accordingly, set aside. The respondents are directed to surrender before the Trial Court within a period of two weeks from today - appeal disposed off.
Issues:
1. Interpretation of NDPS Act regarding the determination of quantity of narcotic/psychotropic substances in a mixture. 2. Consideration of legal precedent in granting bail. 3. Applicability of the judgment in Hira Singh and Another v. Union of India & Another. 4. Setting aside the High Court's order granting bail to the respondents charged under the NDPS Act. Issue 1: Interpretation of NDPS Act regarding the determination of quantity of narcotic/psychotropic substances in a mixture: The Supreme Court considered the question of whether the High Court could decide on the issue of law in granting bail to respondents charged under the NDPS Act without considering the judgment in Hira Singh and Another v. Union of India. The Court referred to a three-Judge Bench decision which clarified that in cases of a mixture of narcotic drugs with neutral substances, the quantity of neutral substances should be considered along with the actual content of the offending drug when determining the quantity. The Court held that the High Court's decision to grant bail without considering this aspect was incorrect. Issue 2: Consideration of legal precedent in granting bail: The Court noted that the High Court's decision to grant bail to the respondents charged under the NDPS Act was not in line with the legal principles established in previous judgments. The Court emphasized that the determination of bail should be made in accordance with the law and precedents, especially when issues of quantity determination in narcotic cases are involved. Issue 3: Applicability of the judgment in Hira Singh and Another v. Union of India & Another: The Court highlighted the relevance of the judgment in Hira Singh and Another v. Union of India, which clarified the approach to be taken when determining the quantity of narcotic substances in a mixture. The Court emphasized that this judgment should have been considered by the High Court before granting bail to the respondents. The Court set aside the High Court's order and directed the respondents to surrender before the Trial Court. Issue 4: Setting aside the High Court's order granting bail to the respondents charged under the NDPS Act: In conclusion, the Supreme Court set aside the High Court's order granting bail to the respondents and directed them to surrender before the Trial Court within two weeks. The Court allowed the respondents to make a fresh bail application before the Trial Court, which would be considered based on its own merits and in accordance with the law. The appeal was disposed of accordingly, and pending interlocutory applications were also disposed of.
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