Supreme Court of India · 2009-03-03
State Of Nct Of Delhi vs Ashif Khan @ Kalu
- Citation / case number
- AIR 2009 SUPREME COURT 1977
- Court
- Supreme Court of India
- Petitioner
- State Of Nct Of Delhi
- Respondent
- Ashif Khan @ Kalu
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the quantity of heroin recovered from the accused was a small quantity under Section 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court clarified that only the actual content of the narcotic substance, not the total weight of the mixture, should be considered in determining whether the quantity is small or commercial. The Court emphasized that the percentage of heroin content is crucial for classification, affirming the High Court's interpretation of the NDPS Act and the relevant notifications regarding small and commercial quantities.