9911796707
TMI Blog2004 (8) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). The prosecution case was that PW4, the Intelligence Officer of Narcotic Control Bureau got an information on 5-3-2001 at about 7 a.m. from an informant that two persons with certain drugs would be arriving in Thiruvananthapuram bus stand in a Tamil Nadu Transport Corporation bus. Consequently, the information so received was written down by him and was communicated to his superior officer, PW5. PW5 with a written endorsement directed PW4 to proceed with the matter. Accordingly, PWs 4 and 5 other two officials along with the informant went to Thampanoor bus stand and waited for the arrival of Tamil Nadu Transport Corporation bus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on record found that the accused No. 1/appellant was in possession of a manufactured drug, heroine, without any authority and thus committed an offence punishable under Section 21 of the Act. The quantity as mentioned above come to 4.08 Kgs. The punishment for possession of that much quantity of manufactured drug even before the amendment by Act 9/01 was a minimum term of 10 years and fine of ₹ 1,00,000/-. The occurrence was before the amendment of the Act. But the conviction was on 19-1-2004, after the enforcement of the amendment. Even going by the amended provision the quantity comes beyond commercial quantity. Necessarily, the punishment is same as that was existing before the amendment. Therefore, when the offence is proved, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disputed. Therefore, what had been seized from the appellant as per Ext. P1 mahazar duly attested by PW1 is a manufactured drug. The offence under Section 21 can be in respect of manufactured drug as also in respect of any preparation containing any manufacturing drug. Preparation is defined in Section 2(xx). It is as follows: Preparation in relation to a narcotic drug or psychotropic substance means anyone or more such drugs or substances in dosage form of any solution or mixture, in whatever physical state, containing one or more such drugs or substances". Heroine is a narcotic drug. Any mixture of narcotic drug with any other substance whatever be the purity also comes within the Section 21 of the Act. Therefore, the rate of purit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the same immediately to PW5, his immediate superior officer who has endorsed it with signature that PW4 shall proceed with the matter further. In such circumstances, it cannot be taken that there is no violation of the provision of Section 42 of the Act. 7. At the same time it is contended reliving on the evidence on record including the evidence revealed in the cross examination of PW4, that there is no proof beyond doubt of any kind of offence in this case. Because, there is all chance of a case being foisted on the accused. PW4 had admitted that he had received an information even few days ago from the informant that there was a chance of two persons coming to Thiruvananthapuram bus stand with certain contraband. This has not been red ..... X X X X Extracts X X X X X X X X Extracts X X X X
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