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TMI Blog1999 (10) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... ntenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000, He filed an appeal before the High Court and a learned single Judge who heard the appeal confirmed the conviction and sentence and dismissed his appeal. He filed this appeal by special leave from jail. The misfortune hovering around him continued to persist as the counsel appointed as amicus curiae to argue for him did not turn up and we had to remove him as A.C. We appointed another counsel (Mr. Bimal Roy Jad) as amicus curiae. On 11.8.1999 we heard him and the learned Counsel for the State in detail and reserved the Judgment. Thereafter we felt that the appeal should be re-heard as certain new features have emerged while contemplating the factual pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to cannabis plant and cannabis. As the article recovered from the appellant cannot fall within the ambit of either cannabis plant or cannabis the court had slipped down to Section 21 which relates to contravention of the law in respect of "manufactured drugs and preparations". As the District Medical Officer opined that "Buprenorphine tidigesic" is a manufactured drug the trial court proceeded on that premise and found him guilty under Section 21 of the Act and convicted him and sentenced him as aforesaid. Manufactured drug" is defined in Section 2(xi) of the Act, which reads thus: 2.(xi) "manufactured drug" means: (a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other narcoti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on 25.6.1994. We have therefore, no doubt that the substance recovered from the appellant is a psychotropic substance. If it was 'psychotropic substance' possession of the same would amount to an offence only if it was in contravention of Section 8 of the Act. That Section shows that no person shall possess any psychotropic substance except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder. Section 9 of the Act empowers the Central Government to permit, control and regulate the cultivation, production, possession etc. of psychotropic substances. Rules have been formulated by the Central Government under that power. Rule 66 falling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l medical use the psychotropic substance upto one hundred dosage at a time. We are not disposed to think that 6 ampoules would cross the above limit and there is no attempt made either through DW-1 (Doctor) or through Court Witness No. 1 (D.M.O.) that 100 dosage would be below the 6 ampoules recovered from him. It is unfortunate that the aforesaid points have not been put forward before the trial court or the High Court. We feel that the conviction and sentence imposed on this appellant were without the sanction of law. Appellant is unlawfully deprived of his personal liberty for such a long period of 5 years on account of over looking the aforesaid facts and the legal position. We, therefore, allow this appeal and quash the judgment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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