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TMI Blog2013 (7) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... eady undergone the sentence as modified by the Court he was ordered to be set at liberty - in the absence of Purity Test the contraband seized shall be construed only as a small quantity. it is absolutely necessary to conduct Purity Test to ascertain the exact quantity of the – in the case of contraband which is neither a mixture nor a preparation and if the contraband is a Narcotic Drug/Psychotropic Substance simplicitor - there was no need for Purity Test - the entire quantity of Narcotic Drug/Psychotropic Substance shall be taken into consideration for deciding as to the same is a small quantity or a commercial quantity or an intermediate quantity for the purpose of conviction - appeal decided in favour of accused. - Crl. A. (MD) No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner, P.W.2 and P.W.6, the Inspectors came to the office of P.W.1 at Nagercoil and thereafter, all of them proceeded to Valliyoor and were waiting near Venus lodge. At about 06.00 p.m. on 07.01.2001, one person was identified by the informant and he was surrounded and was enquired. The said person informed that his name is Veldurai and he came from Chennai and he is staying at the room No.204, Venus lodge and that he is the native of Alangulam. 4. P.W.1, P.W.2 and P.W.6 informed their identity to Veldurai and suspecting that he is keeping a narcotic substance in his room, wanted to search it. P.W.1 also requested the services of Tvl. Ponnusamy and John Bosco (not examined as witnesses) to be the witnesses to search and they also ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the Assistant Commissioner of Narcotics Control Bureau, at Chennai by P.W.1 through wireless message and the copy of the same was marked as Ex.P.6. 8. Thereafter, the accused was informed of he offences committed by him and he was arrested on 08.01.2001 at about 10.00a.m. and the arrest memo was marked as Ex.P.7. P.W.1 lodged the complaint in this regard. The F.I.R. was marked as Ex.P.11. After investigation, P.W.1 filed the final report against the accused under Section 8(c) read with Section 21(c) of the N.D.P.S. Act. 9. The Special Court for E.C. Act and N.D.P.S. Act cases, Madurai took cognizance of the final report in C.C.NO.1627 of 2001 and framed the charges under Section 8(c) read with Section 29 and 8(c) read with Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... getting the order from My Lord the Honourable Chief Justice, the appeal was referred to the Division Bench of this Court and the case has been argued before the Division Bench and ultimately, the Division Bench of this Court has given a finding, which is as follows: "26. In the result, we answer the question, referred to us as follows: (i) If the contraband seized is either a mixture or a preparation with or without a neutral material, of any Narcotic Drug or Psychotropic Substance falling within the scope of entry No.239 of the notification dated 19.10.2001 issued in S.O.No.1055(E) of the Central Government, it is absolutely necessary to conduct Purity Test to ascertain the exact quantity of the Narcotic Drug/Psychotropic Substance co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be applicable to offences committed on or before 17.11.2009 alone." 16. In the substance of the order, it reveals that if Purity Test has not been obtained and not enclosed, then, it has to be construed as small quantity. As per the finding given by the Division Bench of this Court as well as the Single Judge of this Court vide order dated 05.04.2011, Purity Test is essential, even though the contraband has been seized from the accused. If Purity Test has not been conducted, then, it has to be construed as small quantity. For small quantity of the contraband, the accused should be punished under Section 21(a) of the N.D.P.S. Act and as per the provision of Section 21(a) of the N.D.P.S. Act, the punishment is only for six months. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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