Suresh vs State Of Kerala

The Supreme Court held that under Section 21 of the Narcotic Drugs and Psychotropic Substance Act, 1995, the conviction for possession of 3.5 grams of di-acetyl morphine (heroin) was excessive given that this quantity is classified as 'small quantity' under notification No. S.O. 527 (E) dated July 16, 1996. The Court noted that the provisions of Section 27, which could have mitigated the punishment, were not invoked by the lower courts. Considering the accused's terminal illness and the time already served, the Court modified the High Court's order, stating that the period already undergone is sufficient punishment, emphasizing that this decision is based on the unique facts of the case and should not be treated as a precedent.