Petition Filed for Challenging Notification under NDPS Act: Delhi High Court

Delhi High Court demanded Central Government response to the petition filed against the notification issued under Narcotic Drugs and Psychotropic Act, 1985 but the Centre Government.

The notification under challenge states that in cases where the accused found with the possession of drug or Psychotropic substance mixed with neutral substance, the weight of the mixture decides that the accused is possessing the small sized category material or intermediate or commercial quantity. This differentiation between the quantities of the substance prescribes the punishment as punishment in all the three cases vary substantially.

The punishment for possessing small quantity is 1 year, for possessing intermediate quantity is maximum 10 years and for possessing commercial quantity is minimum 10 years.

In Mr. Mohd. Iklakh case, the petitioner was found to be in possession of 320 gm of Heroin and Paracetamol which includes 13.28% of drug in it. According to the amount the accused must fall in intermediate category but the Trial Court Judge convicted him on the account of whole mixture and considered him under possessing commercial quantity category.

Thus, the notification has now been challenged on the ground of discriminatory and arbitrary as it brings the small offenders on the same position as that of big offenders.

By- Simran Arora