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Manash Dutta vs The Union of India (UOI)

Calcutta High Court · Decided on 3 March 2010 · Citation: (2010) 03 CAL CK 0041

HON’BLE JUDGES
Ashim Kumar Roy, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 18
CASE NUMBER
C.R.R. No. 4611 of 2009
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Judgment

6 paragraphs · 347 words

Ashim Kumar Roy, J.—The subject matter of challenge in the instant criminal revision is an order of framing charge u/s 18(c) of the N.D.P.S. Act.

2.

It has been contended by the learned advocate of the petitioner that according to the prosecution in this case total 180 grams of brown coloured sticky substance alleged to be opium, was recovered from the possession of the present petitioner. However in chemical test it was found that net opium content was 9.2%. Therefore, the actual quantity of opium would be maximum 16.56 grams which is a small quantity and accordingly if at all the petitioner shall be liable to be charged u/s 18(a) of the N.D.P.S. Act and not u/s 18(c) of the N.D.P.S. Act.

3.

The contention of the learned advocate of the petitioner was vehemently resisted by the Learned Additional Solicitor General, Mr. Farook M. Razack, appearing on behalf of the Necrotic Control Bureau. He drew the attention of this Court to the Chemical Analysis Report which was the part of this revisional application, at page 24 and submitted actually in the sample morphine 9.2 percent by weight has been found.

4.

I have given my anxious and thoughtful considerations to the respective submissions made on behalf of the parties. I find in this case total 180 grams of brown coloured sticky substance was recovered from the possession of the accused person. Out of the said seized article 25.5 grams were sent for chemical test and on analysis the morphine content was found to be 9.2 percent by weight. Thus, in total 180 grams the morphine content would be about 16.56 grams which is of course more than the small quantity of morphine. In such premises the learned Trial Court has very rightly framed charge u/s 18(c) of the N.D.P.S. Act against the petitioner. The order of framing charge does not suffer from any illegality.

This criminal revision has no merit and accordingly stands dismissed.

Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.