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Issues involved: Conviction under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and application of Section 27 of the Act for illegal possession of a narcotic substance.
Conviction under Section 20(b)(ii): The appellant, a German National, was convicted under Section 20(b)(ii) of the Act based on evidence of possession of Charas. The prosecution established that the accused was found with two pieces of Charas, weighing 7 gms. and 5 gms. respectively. However, only one piece was sent for chemical analysis, which was found to contain Charas weighing about 4.570 gms. The prosecution failed to prove beyond doubt that both pieces contained Charas, leading to uncertainty regarding the total quantity seized. The courts below rejected the accused's contentions regarding the search and contradictions in evidence, upholding the conviction. Application of Section 27 of the Act: Section 27 provides for lesser punishment for illegal possession of a "smaller quantity" of a narcotic substance intended for personal consumption. The burden of proof lies on the accused to demonstrate personal consumption and not for sale or distribution. In this case, the accused's plea and surrounding circumstances indicated that the substance was meant for personal consumption. Despite being a foreigner, the appellant appeared to have carried the substance for personal use as a tourist. The courts found that the substance seized was within the definition of "small quantity" under Section 27, leading to a modified conviction under this section with a reduced sentence of 6 months' R.I. and a fine of &8377; 1 lakh. Conclusion: The original conviction under Section 20(b)(ii) was set aside, and the appellant was instead convicted under Section 27 of the Act. The appeal was disposed of with the modified sentence of 6 months' R.I. and a fine of &8377; 1 lakh, emphasizing the application of Section 27 for personal consumption of the narcotic substance.
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