MANASH DUTTA Vs. THE UNION OF INDIA (UOI)

JUDGEMENT

(1.) The subject matter of challenge in the instant criminal revision is an order of framing charge under Sec. 18(c) of the N.D.P.S. Act.

(2.) It has been contended by the learned advocate of the petitioner that according to the prosecution in this case total 180 grams of brown coloured sticky substance alleged to be opium, was recovered from the possession of the present petitioner. However in chemical test it was found that net opium content was 9.2%. Therefore, the actual quantity of opium would be maximum 16.56 grams which is a small quantity and accordingly if at all the petitioner shall be liable to be charged under Sec. 18(a) of the N.D.P.S. Act and not under Sec. 18(c) of the N.D.P.S. Act.

(3.) The contention of the learned advocate of the petitioner was vehemently resisted by the Learned Additional Solicitor General, Mr. Farook M. Razack, appearing on behalf of the Necrotic Control Bureau. He drew the attention of this Court to the Chemical Analysis Report which was the part of this revisional application, at page 24 and submitted actually in the sample morphine 9.2 percent by weight has been found.