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TMI Blog2022 (2) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the small quantity of Ganja and commercial quantity of Ganja. The quantity of Ganja shown in Column No.5 of the said table is specified as small quantity. Serial No.55 in the said table relates to Ganja. At Column No.5 of it, it is shown that 1000 grams of Ganja is a small quantity and in Column No.6 it is shown that 20 K.Gs. of Ganja is a commercial quantity. It is now evident from the aforesaid notification that Ganja upto 1000 grams is considered to be a small quantity. Only Ganja of 20 Kgs. and above is considered to be a commercial quantity. When small quantity of Ganja is involved in commission of the offence, the imprisonment prescribed is for a term which may extend to one year or with fine, which may extend to ten thousand rupees, or with both. In the instant case, the Ganja involved in commission of the offence is only 600 grams, which is below the 1000 grams. Therefore, as per the aforesaid notification, it is to be held that the Ganja involved in this case is only a small quantity and an offence under Section 20(b)(ii)(A) of the NDPS Act is only made out. So, the very registration of F.I.R. for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (for short Cr.P.C. ) is filed seeking quash of F.I.R in Crime No.324 of 2020 of Gangavaram Police Station, Chittoor District, registered for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act ). 2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 3. On the allegation that the petitioner herein, who is A-6, is responsible for illegal transportation of 600 gms of Ganja and as Ganja of 100 gms in a packet was found in the vehicle of the petitioner, who left the said vehicle and ran away from the scene of offence, after seeing the police who reached the scene of offence on receipt of reliable information regarding illegal transportation of Ganja, the aforesaid crime was registered against the petitioner for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act. 4. Learned counsel for the petitioner would submit that as per the table furnished in the notification issued by the Ministry of Finance, Department of Revenue, in exercise of the powers conferred by clauses (viia) and (xxiiia) of Section 2 of the NDPS Act, dated 16.07.1996, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the facts of the case attract only an offence punishable under Section 20(b)(ii)(A) of the NDPS Act, as the said total quantity of Ganja is only a small quantity. Notification specifying small quantity and commercial quantity was issued by the Central Government in exercise of the powers conferred on it by clause (viia) and (xxiiia) of Section 2 of the NDPS Act. The said notification contains a table specifying the small quantity of Ganja and commercial quantity of Ganja. The quantity of Ganja shown in Column No.5 of the said table is specified as small quantity. Serial No.55 in the said table relates to Ganja. At Column No.5 of it, it is shown that 1000 grams of Ganja is a small quantity and in Column No.6 it is shown that 20 K.Gs. of Ganja is a commercial quantity. The relevant portion of the said table contained in the aforesaid notification at Sl.No.55 is extracted hereunder for ready reference and it reads as follows: TABLE (See sub-clause vii(a) and xxiii(a) of section 2 of the Act) Sl. No. Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) Other non-proprietary name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involved in commission of the offence is only 600 grams, which is below the 1000 grams. Therefore, as per the aforesaid notification, it is to be held that the Ganja involved in this case is only a small quantity and an offence under Section 20(b)(ii)(A) of the NDPS Act is only made out. So, the very registration of F.I.R. for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, which is relating to commercial quantity, is obviously erroneous. Clause (C) of sub-clause (ii)(b) of Section 20 of the NDPS Act applies only when the Ganja involved is of 20 Kgs. as it is a commercial quantity as per the aforesaid notification. The said offence under Section 20((ii)(b)(C) of NDPS Act relating to possession or illegal transportation of Ganja of a commercial quantity is punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. So, when it is found that only a small quantity of Ganja of 600 grams is involved in this case, it is to be held that only an offence punishable under Section 20(ii)(b)(A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 of the NDPS Act is extracted hereunder and it reads as follows: 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.--- The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act. 16. Therefore, it is now clear that the relevant provisions relating to arrest as contemplated under Cr.P.C. are clearly made applicable to the offences punishable under the NDPS Act. Since, Section 41-A Cr.P.C. in a way pertains to arrest of an accused, the procedure contemplated under Section 41-A of Cr.P.C. relating to arrest of an accused undoubtedly applies to a person involved in an offence under the NDPS Act when the said offence is punishable with less than seven years period of imprisonment. 17. The Apex Court in the case of State of Punjab Vs. Balbir Singh (1994) 3 SCC 299 held at para No.5 of the judgment that search, seizure or arrest carried out by them in an offence under the NDPS Act were obviously under the provisions of Cr.P.C. So, the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P.C shall apply in so far as they are not inconsistent with the provisions of the PMLA to arrest, search and seizure etc. Considering the said Section 65 of the PMLA, the Delhi High Court also in the above judgment in Vakamulla Chandrashekar Vs. Enforcement Directorate 2017 SCC OnLine Del 12810 held at para.No.60 that there is nothing in the scheme of the Act i.e. PMLA to suggest that Sections 41 and 41A of the Code would not apply to the exercise of power of arrest under Section 19 of the PMLA by one of the authorised officers. Also held that there is no provision in the PMLA, in respect of which it could be said that Sections 41 and 41A are not in accord and that the scheme of PMLA does not even impliedly exclude the application of Sections 41 and 41A of the Code. 20. The said analogy squarely applies to the present facts of the case. In the NDPS Act also Section 51 of the Act mandates that the provisions of the Cr.P.C. in relation to search, seizure and arrest etc. shall apply to the offences under the NDPS Act, in so far as they are not inconsistent with the provisions of the NDPS Act. There is nothing to indicate in the NDPS Act even to impliedly exclude the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with provisions of the NDPS Act are not expressly or impliedly excluded to the offence under the NDPS Act. Therefore, there is absolutely no legal bar to apply the procedure contemplated under Section 41A Cr.P.C. to the offences under the NDPS Act. So, there is no substance in the contention of the learned Additional Public Prosecutor that the benefit of the procedure contemplated under Section 41A Cr.P.C cannot be extended to the offences under the NDPS Act, which are punishable with less than seven years period of imprisonment. 25. In fine, as it is found that the procedure contemplated under Section 41A Cr.P.C can also be applied to the offences punishable under NDPS Act, which are punishable with less than seven years period of imprisonment, this Criminal Petition is disposed of with a direction to the Investigating Officer to follow the procedure contemplated under Section 41A Cr.P.C against the petitioner, as it is found that the facts of the case constitute only an offence punishable under Section 20(b)(ii)(A) of the NDPS Act relating to possession of Ganja of small quantity, which is of 600 gms, which is punishable with less than seven years period of imprisonment. M ..... 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