TMI Blog2001 (1) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... learned single Judge of the High Court confirmed the conviction and sentence and dismissed the appeal. 3. The case alleged against him shows that he was found in possession of 23.5 grams of opium at the time when he was intercepted and searched by PW2, sub-inspector of police. We have noticed that two witnesses were called by PW2 at the time of search out of whom one was examined as PW1 and the other was not examined. But even the one examined (PW1) did not support the prosecution and hence he was treated as hostile. Though an argument was addressed by Mr. R.Venkataramani, learned senior counsel for the appellant that the evidence of PW2, sub-inspector of police remained uncorroborated, and therefore, that should not be made the sole bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consider awarding imprisonment as sentence for a term which may extend to one year or with fine or with both. 6. The said defence is adopted now as a last attempt on the basis of the fact that the opium recovered from the appellant was only 23.5 grams. The Central Government by Notification, in exercise of the powers conferred by Explanation (1) to Section 27 of the NDPS Act had specified the 'small quantity' to be 25 grams in respect of opium. For the purpose of this defence we extract the relevant portion of the said notification here-under : Central Government Notification No. G.O. 527(E), dated July 16, 1996, published in the Gazette of India, Extra., Part II, Section 3(ii) dated 23rd July 1996. In exercise of the power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defended at the trial Court and, we may say, without proper thought the defence was put forward. If the consequence was not so serious we perhaps would not have persuaded ourselves for making the said observation. But in a case where the Parliament has afforded very substantial benefit to a person who possesses only a small quantity of narcotic drug for his personal consumption we feel, in the interest of justice, that appellant should be given one more opportunity at the trial court to advance a pleading on the strength of Section 27 of the Act. 8. We make it clear that this shall not be treated as a precedent, but will be confined to the facts of this case, as such a course is warranted to avert serious miscarriage of justice and disa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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