Supreme Court to Reconsider 2022 Ruling on Drug Quantity Calculation Under NDPS Act

The Supreme Court has agreed to reconsider its 2022 judgment in Hira Singh v. Union of India, which clarified that the total quantity of narcotics (including mixtures) must be considered, not just the pure drug content, for determining punishment under the NDPS Act.

A Bench of Justices MM Sundresh and NK Singh issued notice on a plea by Mayank Girishbhai Shah, who argued the rule unfairly inflates drug quantities, leading to harsher punishment and bail restrictions.

The Bench cited E. Michael Raj (2008), where only pure drug content was counted. The Court has sought responses from the Centre and NCB.

The review will address concerns that the ruling leads to disproportionately harsh sentences for minor offenders.

[Mayank Girishbhai Shah v Union of India]