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1999 (10) TMI 716 - SC - CustomsWhether the quantity of substance recovered from the appellant would fall within the limit of 'small quantity' envisaged in Section 27 of the Act? Whether the offence charged against him was made out? Held that:- Provided that where such psychotropic substance is in possession of any individual for his personal medical use the quantity thereof shall not exceed one hundred dosage units at a time. The research institution, hospital and dispensary referred to in Sub-rule (2) shall maintain proper accounts and records in relation to the purchase and consumption of the psychotropic substance in their possession. The proviso to Sub-rule (2) is very evident that a person is permitted to keep in his possession for his personal medical use the psychotropic substance upto one hundred dosage at a time. We are not disposed to think that 6 ampoules would cross the above limit and there is no attempt made either through DW-1 (Doctor) or through Court Witness No. 1 (D.M.O.) that 100 dosage would be below the 6 ampoules recovered from him. It is unfortunate that the aforesaid points have not been put forward before the trial court or the High Court. We feel that the conviction and sentence imposed on this appellant were without the sanction of law. Appellant is unlawfully deprived of his personal liberty for such a long period of 5 years on account of over looking the aforesaid facts and the legal position. Allow this appeal and quash the judgment of the High Court as well as the Sessions Court. We acquit the appellant and direct him to be set at liberty forthwith.
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