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2013 (7) TMI 683 - MADRAS HIGH COURTValidity of conviction - Whether in the absence of exact quantity/percentage of narcotic drug/psychotropic substance found in the seized contraband the punishment for contravention in relation to manufactured drugs and preparations is to be imposed u/s 21(a) or u/s 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Held that:- the conviction passed by the trial Court u/s 21(c) of the N.D.P.S. Act was liable to be set aside - the appellant/accused was convicted u/s 21(a) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for six months - the appellant/accused had already undergone the sentence as modified by the Court he was ordered to be set at liberty - in the absence of Purity Test the contraband seized shall be construed only as a small quantity. it is absolutely necessary to conduct Purity Test to ascertain the exact quantity of the – in the case of contraband which is neither a mixture nor a preparation and if the contraband is a Narcotic Drug/Psychotropic Substance simplicitor - there was no need for Purity Test - the entire quantity of Narcotic Drug/Psychotropic Substance shall be taken into consideration for deciding as to the same is a small quantity or a commercial quantity or an intermediate quantity for the purpose of conviction - appeal decided in favour of accused.
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