NDPS Act | 'Towels & Bedsheets Are Not 'Neutral Substances'; Their Weight Cannot Be Considered To Determine 'Commercial Quantity': Delhi HC

The Delhi High Court has observed that while the weight of neutral substances is not to be excluded and is to be taken into consideration along with the actual content by weight of the offending drug, towels and bed sheets do not qualify to be neutral substances, and therefore, their weight cannot be considered while determining 'commercial quantity'.

Placing reliance on the judgment passed in Hira Singh vs Union of India, the Bench of Justice Vikas Mahajan noted that neutral substance in the context of contraband is to be understood as a substance which is mixed with the offending part of the contraband to either increase the weight of the entire contraband, in order to yield higher profits or to increase potency of the contraband or is an integral part of the contraband in order to facilitate the delivery or consumption of contraband.

With that background, it was held that, "this Court is of the prima facie view that the towels and bed sheet do not qualify to be a neutral substance and their weight cannot be included in the weight of the contraband for determining whether seized contraband is of “small or commercial quantity”."

Counsel Zishaan Iskandari appeared for the petitioner, while Senior Standing Counsel Subhash Bansan appeared for the respondents.

In this case, the bail application under Section 439 CrPC was filed in connection with a case registered by the Narcotics Control Bureau (NCB) under Sections 8(c), 21(c), 23(c), and Section 29 of the NDPS Act.

The co-accused, an Afghan national, was apprehended with heroin. The petitioner allegedly came to receive the drugs, leading to his arrest. Substances were recovered from the petitioner's residence, but their narcotic nature was not confirmed. The petitioner claimed false implication, emphasizing the lack of contraband recovery from him. The petitioner, incarcerated for over two years, sought bail, while the NCB argued the seriousness of the offence and the risk of the petitioner fleeing.

The Court observed that, "there is no material on record to show that the weight of the actual content of contraband excluding the weight of two towels and one bed sheet is of “commercial quantity” so as to attract the rigors of section 37 of the Act."

Subsequently, the Court held that there were reasonable grounds for believing that the petitioner was not guilty of the offence alleged.

Accordingly, the petitioner was granted regular bail.

Appearances:

Petitioner: Counsel Zishaan Iskandari

Respondents: Senior Standing Counsel Subhash Bansal, Counsel Shashwat Bansal

Cause Title: Mohd. Nasar vs Narcotics Control Bureau & Anr.

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