Supreme Court · 2015 INSC 719 · Decided 6 October 2015
State Through Intelligence Officer Narcotics Control Bureau v. Mushtaq Ahmad ETC.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 719 · [2015] 15 S.C.R. 452
- Case number
- CRIMINAL APPEAL No. 1294/2015
- Decided
- 6 October 2015
- Bench
- DIPAK MISRA, PRAFULLA C. PANT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NDPS Act Section 20(b)(ii)(C), 2(viia), 20(b)(ii)(B)
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 C - s.20(b)(ii)(C) and s.2 (viia) - Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act No. 9 of 2001) - s.41(1) - Seized contraband article within definition of commercial quantity- Trial Court taking that the first respondent and the second respondent D were in possession of 6 kg. 200 gms and 4 kgs. of charas respectively and the prosecution had been able to establish the same, treated the contraband article as commercial quantity and accordingly convicted them u!s.20(b)(ii)(C) of the NDPS
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