JASHVANTBHAI BABUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant is the original accused. By impugned judgement and order dated 21. 8. 2004 passed by learned Additional Sessions Judge, Anand in Special NDPS Case No. 7/2003, appellant was convicted for offence punishable under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as "the NDPS Act" ). He was sentenced to rigorous imprisonment for five years and fine of Rs. 20,000/ -. In default of payment of fine, he was ordered to undergo one year of imprisonment.

(2.) FROM the judgement under consideration, it can be seen that the learned Judge believed that the appellant was carrying total of 1kg and 500grams of ganja without license on 24. 6. 2003. He was thus convicted for offence punishable under Section 20 (b) (ii) (B) of the NDPS Act.

(3.) FROM the provision made under the NDPS Act, it can be seen that small quantity of ganja is prescribed as 1000 grams and commercial quantity is prescribed as 20 kgs. The appellant was thus found to be in possession of ganja which was in quantity larger than the small quantity but lesser than the commercial quantity.