GOLAM NABI Vs. STATE

JUDGEMENT

(1.) In the present application, the petitioner has challenged an order dated 8.6.04 passed by the learned Special Judge under the N.D.P.S. Act, 6th Court, Barasat in Case No. No.63/1993 under Section 21/27 of the Narcotic Drugs & Psychotropic Substance Act.

(2.) The petitioner was brought under arrest with 1.485 gms. of heroin in his possession. He was taken into custody on 8.9.93 and was released on bail on 29.1.94. After being released on bail, the petitioner absconded for a long period and ultimately, on the strength of warrant of arrest, he was arrested again and was brought to the learned Judge, Special Court on 15.12.03 and since then the petitioner is in custody.

(3.) It is the contention of the learned Advocate of the petitioner that since the contraband article being 1.485 gms. of heroin comes within the definition of "small quantity" which is punishable; with imprisonment, which may extend to six months or with fine which may extend to Rs. 10,000/- and since the petitioner/accused has already suffered imprisonment for more than six months, the impugned proceeding should be quashed only on that ground. In support of her contention, the learned Advocate of the petitioner relies upon a judgment of this Court reported in 2004 C Cr LR (Cal) 287 (Subrata Mondal v. The State of West Bengal). From a reading of the said judgment, it appears that the accused/petitioner was found in possession of 'Ganja' which came within the definition of 'small quantity' and he suffered detention for about nine months, which was more than the sentence provided for the offence under the Act, and as such, in exercise of power under Section 482, Cr.P.C.,' the proceeding before the learned Judge, Special Court, was quashed. Relying upon the aforesaid judgement, the learned Advocate of the petitioner submits that since the present proceeding is pending trial, the N.D.P.S. (Amendment) Act, 2001 is applicable in the present case and the accused petitioner is entitled to get the benefit of the said Amendment Act of 2001.