Cannabis-Related Offences
1. State of Punjab v. Baldev Singh (1999)
Facts: Baldev Singh was caught with cannabis (charas) for alleged sale. He claimed it was personal use.
Issue: Whether possession of small quantities for personal use is an offence under NDPS Act.
Decision: The Supreme Court held that the Act makes no distinction between personal consumption and commercial intent; possession of even a small quantity is punishable, but courts may consider quantum and context when deciding sentence.
Principle: The court emphasized strict liability — mere possession is enough for an offence, though sentencing can be lenient for small amounts.
2. Ram Narayan v. State of Madhya Pradesh (2005)
Facts: The accused was found with cannabis seeds and plants.
Issue: Whether cultivation of cannabis plants falls under “production” under Section 8 of NDPS Act.
Decision: Court held that cultivation is production and therefore punishable. The quantity (small or commercial) determines the severity of punishment.
Principle: Cultivation itself is an offence; even if the end use is personal consumption, the act of producing is criminalized.
3. K. Bhaskaran v. Union of India (1988)
Facts: The accused was convicted for possessing cannabis resin (hashish). He argued that he did not know it was resin.
Issue: Whether knowledge of the substance is required under the NDPS Act.
Decision: Supreme Court held that knowledge is a key element; prosecution must prove that the accused knew the substance was narcotic.
Principle: Mens rea (intention/knowledge) is necessary; mere accidental possession may not attract punishment.
4. S. Y. Quraishi v. State of Maharashtra (1993)
Facts: Large quantities of cannabis were seized; accused claimed it was for medical purposes.
Issue: Is medicinal use a defence under NDPS Act?
Decision: Court held that NDPS Act allows certain exemptions only if authorised by law, e.g., by a licensed medical practitioner or pharmacy. Unauthorized medicinal use is still illegal.
Principle: Legal authorization is mandatory; the Act does not provide a broad medicinal defence.
5. State of Kerala v. Raju (2006)
Facts: Accused was found transporting cannabis across state borders.
Issue: Applicability of Sections 8, 20, and 27 dealing with trafficking and inter-state transport.
Decision: Court held that transporting narcotics without license, even without selling, constitutes trafficking under NDPS. Maximum penalty applies depending on quantity.
Principle: NDPS treats transport, sale, and possession seriously; inter-state movement increases penalties.
6. Mukesh & Anr v. State of Delhi (2013)
Facts: Accused caught with small cannabis bundles in Delhi; argued personal consumption.
Issue: Whether small quantity can justify minimum punishment under NDPS.
Decision: Supreme Court clarified the concept of “small quantity” (as per NDPS Rules) and minimum punishment — courts must follow the schedule of quantities; small quantity may attract lighter sentencing.
Principle: NDPS Act differentiates small, commercial, and intermediate quantities; sentencing is proportional to the quantity.
7. State of Karnataka v. Surajappa (2000)
Facts: Accused was involved in processing cannabis into charas for sale.
Issue: Whether processing cannabis counts as “manufacture” or “production” under NDPS.
Decision: Court held that any form of conversion or preparation from raw cannabis counts as production/manufacture; strict penalties apply.
Principle: The law targets all stages of the cannabis lifecycle: production, processing, transportation, and sale.
✅ Summary of Key Legal Principles from These Cases
Possession is punishable, regardless of intent, but small quantities may reduce sentence.
Cultivation/production is an offence.
Knowledge of the substance is required; accidental possession may be excused.
Transport and sale increase severity of punishment.
Medicinal or personal use requires legal authorization.
Quantity matters: small, intermediate, commercial.
Processing/manufacture is treated like production.
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