The Tripura High Court in the case of Sri Babul Banik vs The State Of Tripura (A.B. No.26/2022) upheld that in case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substances, the quantity of neutral substances should be included with actual content with weight of the offending drug while determining the “small or commercial quantity”.
Facts of the case : The case of the prosecution was that 15(fifteen) bottles of ‘ESkuf’ syrup (Codeine Phosphate & Chlorpheniramine Maleate Syrup) containing contraband, i.e. Codeine was found from the shop of the accused-applicant namely Sri Babul Banik. Counsel appearing for the accused-applicant vehemently denied the aforesaid fact. In terms of Rule 65 of the Drugs and Cosmetics Rules, 1945 the applicant admittedly had no license for sale of such drugs.
Judgment : In case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substances, the quantity of neutral substances is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the “small or commercial quantity” of the Narcotic Drugs or Psychotropic Substances. Anticipatory bail application of the accused-applicant was rejected.
JUDGMENT REVIEWED BY : SHUBHANGI CHAUDHARY