State Thr. Intelligence Officer Narcotics Bureau Vs. Mushtaq Ahmad
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Head Note
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 2 , Section 20 , Section 8
Quantity - Commercial quantity - Intermediate quantity - First respondent and the second respondent were in possession of 6 kg. 200 gms and 4 kgs. of charas respectively - Trial Court holding that the prosecution had been able to establish the same, treated the contraband article as commercial quantity and accordingly found them guilty for the offence punishable under Section 20(b) (ii) (C) of the NDPS Act -High Court holding that the narcotic drug proved to have been recovered from the possession of the accused persons was of "intermediate quantity" in terms of Section 2(viia) of the NDPS Act read with S.O. 1055(E) dated 19.1.2024 and that the accused could only be convicted for the offence punishable under Section 8 read with Section 20(b) (ii) (B) of the NDPS Act - Held that contraband article that has been seized is "charas" - Dictionary clause clearly states that it can be crude or purified obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish - Definition also indicates that any mixture with or without any neutral material of any of the cannabis or any drink prepared therefrom - Reference in Section 2(iii)(c) refers to any mixture which has a further reference to charas, which states crude or purified - Chemical name for charas and hashish is "extracts and tinctures of cannabis" - It finds mention at Entry No.23 of the Notification. Serial No.150 of the Notification deals with "tetrahydrocannababinol" having a long list- View of the High Court held not sustainable.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 2 , Section 20
Search and Seizure - Charas - Intermediate Quantity - Commercial quantity - First respondent and the second respondent were in possession of 6 kg. 200 gms and 4 kgs. of charas respectively - Finding by High Court that the seized article contained more than 50 gms. Tetra hydrocannabinol in respect of both the accused persons - Commercial quantity for the contraband article, namely, Tetra hydrocannabinol (THC) as stated in Entry no. 150 is 50 gms - Even assuming the said percentage is found in the seized item then also the contraband article would go beyond the "intermediate" quantity and fall under the "commercial" quantity - View expressed by the High Court that the quantity falls under intermediate quantity held to be not correct - Held that the seized item fell under the commercial quantity and hence the conviction recorded by the trial court under Section 20 (b) (ii) (C) is absolutely impeccable.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20
Search and Seizure - Charas - Commercial Quantity - Conviction - Sentence - Reduction in sentence - Prayer for - Plea that the accused persons have already spent more than seven years in custody and, therefore, they should not be incarcerated again repelled - Section 20 (b) (ii) (C) stipulates that the minimum sentence will be ten years which may extend to twenty years and the minimum fine imposable is one lakhs rupees which may extend to two lakhs rupees - The provision also provides about the default clause which stipulates imposition of fine exceeding two lakh rupees, for the reasons to be recorded by the Court - Held that when a minimum punishment is prescribed, no court can impose lesser punishment - Respondents held guilty of offence punishable under Section 20(b)(ii)(C) of the NDPS Act and each of them is sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lac and, in default of payment of such fine, to suffer rigorous imprisonment for a further period of one year.
Topic(s)-NDPS - Quantity - Law Clarified