ARBIND SHAHALIAS GHULTU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Arbind Sah @ Ghultu Sah aged about 25 years has been convicted under Sec. 8(c) read with Sec. 21 of the NDPS Act and sentenced to ten years RI.

(2.) IN this case, 240 mg. of heroin were recovered from the possession of the appellant. The first contention of the learned Counsel for the appellant is that since small quantity of narcotic substance was recovered from the possession of the appellant, which is covered by Notification No. 0.827 (E). dated 14 -11 -1985 issued by the Ministry of Finance, Department of Revenue, penal provision of Section 27(a) would be attracted and in that case maximum punishment is one year. It is contended that the sentence of 10 years is illegal. Smallness of quantity is a circumstance justifying inference of the person in possession being an addict and possessed the drug to satisfy personal craving for consumption provision of Sec. 27 would be attracted.

(3.) BOMBAY High Court in 1993 Cr. LJ 3264 (DB) held that when 5 gm. of charas was found from the possession of the accused the accused would qualify for lesser punishment provided under Sec. 27 of the Act.