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2018 (4) TMI 1700 - HC - Indian LawsConviction of offence punishable under Section 21(c) of the NDPS Act, 1985 - seizure of Narcotics - mandatory provision of Section 42(1) and 42(2) of the NDPS Act - HELD THAT:- The appellant was obviously a carrier of the contraband. The small quantity which is stipulated under the Act is 5 gms. While the commercial quantity is 250 gms. The appellant was found to be in possession of 609.6 gm which is obviously more than the commercial quantity. Thus it could be safely concluded that the appellant has committed an offence which is punishable under Section 21-C of the NDPS Act. However, considering the actual amount of heroin seized from the possession of the accused which is more than the commercial quantity of 250 gms. The aim and object of the 1985 Act, is to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, and to deter the illicit traffic in the said drugs and substances. In the present case the narcotic drugs which was found in possession of the appellant as per the analysis report is 609.6 gms, is much higher than the commercial quantity. Thus we find that the ends of justice will be sub-served if we reduce the sentence of the accused appellant to 16 years rigorous imprisonment with fine of ₹ 2 lakhs and in default of payment of such fine the appellant shall undergo simple imprisonment for 6 months more. Appeal allowed - decided in favor of appellant.
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