LAWS(MPH)-2008-7-19

GOPAL Vs. STATE OF MADHYA PRADESH

Decided On July 14, 2008
GOPAL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellant has filed this appeal, challenging his conviction under section 8/18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and sentence of R. I. for 10 years with fine of Rs. 1,00,000/- (Rupees One Lakh Only) and in default of payment of fine appellant was further sentenced to undergo one year additional R. I. , passed by learned Special judge (under NDPS Act), Mandsaur, District Mandsaur in Special S. T. No. 27/2005, judgment dated 28-2-2007.

(2.) LEARNED Counsel for the appellant does not dispute seizure of 2. 500 Kg. Opium from the possession of the appellant but he has submitted that learned Trial Court has not pointed out in the impugned judgment specifically whether the appellant is convicted for commercial quantity or non-commercial quantity because in commercial quantity the minimum jail sentence prescribed is 10 years and minimum fine prescribed is Rs. 1,00,000/- whereas for non-commercial quantity the sentence may extend up to 10 years and fine may extend up to Rs. 1,00,000/ -. According to learned Counsel, the seized quantity would fall under non-commercial quantity punishable under Section 8/18 (c) of the Act, as per definition under Section 2, sub-section (vii) (a) read with notification made by the Central Govt, dated 2nd October, 2001.

(3.) HAVING heard the learned Counsel for the parties and after perusing the entire record, it is evident that learned Trial Court has not mentioned specifically in the impugned judgment whether appellant has been convicted for possessing commercial quantity or non-commercial quantity. Commercial quantity is defined under Section 2, sub-section (vii) (a) of the Act as under: (viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the official Gazette.