GURDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel. Learned counsel for the appellant submitted that the quantity of opium seized from the appellant was 1.400 Kg. as against the commercial quantity of 2.50 Kg. and smack of 255 gms. was seized as against commercial quantity of 25C gms.

(2.) Though learned counsel initially raised the contention that pure quantity of heroin in the smack was less than 19.125 gms. as per the FSL report but in view of the Notification No. SO 2941 (E) dated 18.11.2009, which is reproduced below, by which the amendment in law was effected on 18.11.2009 to the effect tat the quantities mentioned in columns No. 5 and 6 of the Table of the N.D.P.S. Act, 1985 would be entire mixture or any solution and not just its pure drug content. "Ministry of Finance (Department of Revenue) NOTIFICATION New Delhi, 18.11.2009

(3.) This amendment was brought in to remove the defect pointed out by Supreme Court in the case of E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, 2008 Cr.L.R. (SC) 401 in which the Apex Court earlier held that it is only the actual content by weight of Narcotic Drug which was liable for determination whether it was a small quantity or commercial quantity. Therefore, in view of the amendment in law, learned counsel has not pressed this contention. He, however, submitted that since the quantity of narcotic substance is only marginally higher in the case of Smack seized from the appellant and that the appellant was on bail during trial, the sentence awarded to him may be suspended during pendency of this appeal, as the final decision of appeal may take considerable time.