2001 (12) TMI 870 - SC - Indian Laws

Summary

Issues involved:
The appellant convicted under S.22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, challenging conviction and sentence, possession of psychotropic substance, interpretation of Rule 66 of the NDPS Rules, 1985, application of S.27 of the NDPS Act, 1985, determination of small quantity for personal consumption.

Conviction and Sentence Challenge:
The appellant convicted under S.22 of the NDPS Act, 1985, sentenced to RI for ten years and fined &8377; 1 lakh. High Court dismissed appeal. Appellant filed special leave petition. Amicus curiae appointed. Arguments heard for and against.

Possession of Psychotropic Substance:
Appellant found with 110 ampoules of buprenorphine (Tidigesic), a psychotropic substance. Possession of psychotropic substance governed by Rule 66 of NDPS Rules, 1985. Rule allows possession for genuine medical requirements within specified limits. No defense taken regarding quantity during trial.

Application of S.27 of NDPS Act, 1985:
S.27 applies to possession of psychotropic substance intended for personal consumption. Small quantity defined by Central Govt. notification as 1 gram. Appellant found with only 66 mg, well below the small quantity limit. Defense raised that substance was for personal consumption.

Judgment and Conclusion:
Court considers appellant's possession for personal consumption based on quantity and circumstances. Syringes found with substance indicate personal use. Conviction altered to S.27 of the Act, sentencing to maximum of six months. Appellant to be released unless required in another case. Appeal disposed of accordingly.