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2015 (10) TMI 548 - SC - CustomsAppeal against Judgement and Order passed by High Court - Offence under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Revenue contended that High Court has fallen into error by converting the conviction from Section 20(b)(ii) (C) to Section 20(b)(ii) (B) of the NDPS Act and criticized the finding recorded by the Division Bench of the High Court stating the same as vulnerable in law – Respondent holds that High Court has rightly converted the offence from Section 20(b)(ii) (C) to Section 8 read with Section 20(b)(ii) (B) of the NDPS Act – Further contended that the reliance on the authorities placed by the High Court cannot be found fault with and discretion exercised by the High Court cannot be regarded as injudicious warranting interference. Held That:- Court did not concur with the decision taken by the High Court that seized item was a commercial quantity hence the conviction recorded by the trial court under Section 20 (b) (ii) (C) is absolutely impeccable - Judgment and order of the High Court is set aside and the Respondents are held guilty - Appeal allowed and judgment is modified – Appeal allowed judgement made in favour of the Revenue.
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