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Issues:
1. Interpretation of Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Consideration of lab report on drug purity for sentencing. 3. Evaluation of confession statements and their impact on the case. 4. Alleged violation of protective provisions under Section 42 of the Act. 5. Assessment of evidence and proof beyond doubt for conviction. Issue 1: Interpretation of Section 21 of the Act The case involved the accused being charged under Section 21 of the Act for possession of a manufactured drug, heroin. The judgment clarified that the purity of the drug is irrelevant for the offense, and the quantity of the mixture containing the drug as a whole is considered. The court emphasized that the rate of purity does not affect the application of Section 21, which covers possession of any mixture of narcotic drug with any other substance, irrespective of purity. Issue 2: Lab Report and Sentencing The appellant argued that the lab report showed a purity level that should result in a lesser sentence. However, the court rejected this contention, stating that the quantity of the manufactured drug seized was the determining factor for sentencing. The judgment highlighted that the minimum sentence of 10 years applied due to the quantity of the drug, even before the amendment of the Act, and remained unchanged post-amendment. Issue 3: Confession Statements The conflicting confession statements of the accused were raised as a contention. The court deemed them irrelevant, as there was substantial evidence from witnesses, seizure documents, and lab reports proving the possession of the manufactured drug by the accused. The court emphasized that the discrepancies in confession statements did not impact the conviction based on the other evidence presented. Issue 4: Violation of Section 42 The appellant alleged a violation of Section 42 regarding the handling of information by the officers. The judgment noted that the information was promptly forwarded to the superior officer, as required by the Act. The court dismissed the violation claim, emphasizing that the evidence presented, including the seizure and lab reports, was sufficient to establish the offense under Section 21. Issue 5: Proof Beyond Doubt The defense raised doubts about the authenticity of the information received by the officers and the possibility of a false case against the accused. However, the court found the evidence provided by witnesses, seizure documents, and lab reports to be conclusive in proving the offense under Section 21. The judgment highlighted that there was no reason to doubt the credibility of the witnesses and upheld the conviction based on the established evidence. In conclusion, the appeal was dismissed, affirming the conviction and sentence of the accused under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
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