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2022 (8) TMI 770 - SC - Indian LawsSeeking grant of Bail - when the question relating to determination of quantity of narcotic/psychotropic substances in a mixture has been referred to a Larger Bench, the High Court could not have decided the issue of law in granting bail to the respondents without considering the judgment rendered by this Court in HIRA SINGH & ANR. VERSUS UNION OF INDIA & ANR. [2017 (7) TMI 1427 - SUPREME COURT]? HELD THAT:- The above question was answered by the three-Judge Bench in Hira Singh and Another v. Union of India & Another [2020 (4) TMI 671 - SUPREME COURT], where it was held that In case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance(s), the quantity of neutral substance(s) 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. The ends of justice would be met if the impugned order passed by the High Court granting bail to the respondents herein is set aside. The impugned order passed by the High Court is, accordingly, set aside. The respondents are directed to surrender before the Trial Court within a period of two weeks from today - appeal disposed off.
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