ISRAIL MUNA SARAFRAZ Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant was convicted to undergo Rigorous Imprisonment for a period of ten years and to pay a fine in the sum of Rs.1,00,000/- in default Rigorous Imprisonment for one year for possessing 820 grams of Charas on 31.08.1997 under Section 20 NDPS Act. Aggrieved by that order, the appellant has filed the instant appeal before this Court.

(2.) The learned defence counsel made only one short submission. He explained that the appellant is languishing in the Jail for the last 9-1/2 years. He drew the attention of the Court towards the Narcotic Drugs and Psychotropic Substances Act (Amendment) Act, 2001 which according to the learned counsel for the appellant has brought in sea changes in the NDPS Act, 1985. He invited the attention of the Court towards table [see sub-clause (viia) and (xxiiia) of section 2 of the Act] which reads:- <FRM> ___________________________________________________________________ Sl. Name of Narcotic Drug Other Non Chemical Name Small Quantity Commercial No. and Psychotropic propriety (in gm.) (in gm./kg.) Substance name (International non -proprietory Name (INN) ________________________________________________________________________________ ____________________________ 1 2 3 4 5 6 23. Cannabis and CHARAS, EXTRACTS and 100 1 Kg. cannabis resin HASHISH TINCTIRES OF CANNABIS ___________________________________________________________________ </FRM>

(3.) It, therefore, means that the accused was in possession of lesser quantity than commercial quantity but greater than small quantity. Section 20 is reproduced as follows : 20.Punishment for contravention in relation to cannabis plant and cannabis. -- Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder :- a) Cultivates any cannabis plant; or b) produces, manufactures, possesses sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable, --