2001 (12) TMI 870

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....Court of Kerala. He filed special leave petition through jail. We appointed Mr Jayant Bhushan, Advocate, as amicus curiae to argue for him. We heard him and also the learned counsel for the State of Kerala. ( 3. ) THE case against the appellant is that he was found in possession of 110 ampoules of buprenorphine. (Its trade name is Tidigesic.) It is too late in the day for reappreciating the evidence for ascertaining whether as a matter of fact the appellant was not in possession of the aforesaid article. ( 4. ) THOUGH the investigating agency thought that the article recovered from the appellant was a narcotic substance, it is in fact a psychotropic substance. This is clearly discernible from Item 92 of the Schedule of the Narcotic Drugs ....

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....shable for a term which may extend to six months or with fine or with both [unless the substance is not one falling under clause (a) of S.27]. ( 6. ) THE question to be considered by us is whether the psychotropic substance was in a small quantity and if so, whether it was intended for personal consumption. The words "small quantity" have been specified by the Central Govt. by the notification dated 23/7/1996. Learned counsel for the State has brought to our notice that as per the said notification small quantity has been specified as 1 gram. If so, the quantity recovered from the appellant is far below the limit of small quantity specified in the notification issued by the Central Govt. It is admitted that each ampoule contained....