(1.) The sole accused Sarmukh Singh was charged under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 as he was allegedly found in possession of 500 grams of opium.
(2.) The trial Court having adverted to the materials on record produced by the State recorded a finding that the prosecution has established its case against the accused that he was found in possession of 500 grams of opium and thereby he committed an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The accused was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 10,000/-and in default to undergo further period of rigorous imprisonment of three months.
(3.) The learned Counsel appearing for the Appellant would submit that as per the chemical examiner report, 6.2% morphine alone was found in 10 grams of sample sent for examination. Therefore, it is his submission that the opium found in possession was very small quantity of about 30.1% morphine. Referring to the decision of the Hon'ble Supreme Court, it is his further submission that the actual contents of the narcotic drug namely 30.1 % alone shall be taken into consideration by the Court to arrive at the conclusion whether the quantity found in possession of the accused is a commercial or a small quantity. Therefore, it is his submission that the sentence imposed on the Appellant be reduced to the period which he had already undergone.