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Case Name - S. Iqbal Singh Chadha vs Collector, Hoshiarpur And Anr.
Case Citation - (2005) 7 Supreme Court Cases 550
Parties Involved -
Petitioner - Amarsigh Ramjibhai Barot
Respondent - State Of Gujarat
Bench -
H.K. Sema
B.N. Srikrishna, JJ.
Relevant Acts and Sections -
Narcotic Drugs and Psychotropic Substances Act, 1985 - Ss. 21, 2(xi) & (xvi)(e), S. 29
Evidence Act, 1872 — S. 45
Facts of the Case
On September 29, 1999, Police Inspector, H.K. Chauhan received information regarding two persons having opium under their possession and their possibility of being in a certain place at a certain time. After making a necessary entry in the register, a posse of police officers gathered for interception of the possible carriers of drugs. The raiding party arrived near the location and maintained a watch. After some time two persons stepped out of the jeep matching the same physical descriptions as the information received. They were obstructed and interrogated by the police and their names were disclosed as Amarsingh Ramjibhai Barot (the appellant), and Danabhai Virabhai Rabari. Amarsingh was found to be carrying a black-coloured liquid substance in a plastic bag, which smelled like opium. The substance weighed 920 grams and 4.250 kg of a grey-coloured substance, suspected to be a drug, was recovered from deceased Danabhai. The Forensic Science Laboratory opined that the recovered substance was opium as described in the NDPS Act. The trial court held that both the accused were guilty of individually and jointly possessing 920 grams opium and 4.250 kg opium without any pass or permit and hence were liable to be convicted for offences punishable under Sections 17 and 18 read with Section 29 of the NDPS Act. Both of them were awarded 5 years' rigorous imprisonment together with a fine of Rs 35,000 with a default sentence. With regard to jointly possessing 4.250 kg opium without any pass or permit, Amarsingh and Danabhai were awarded a punishment of rigorous imprisonment for 10 years with a fine of Rs 1,00,000 each, together with a default sentence. Both the punishments were directed to run concurrently.
Both of the accused then separately challenged their convictions. During the pendency of the appeal, Danabhai passed away and, therefore, his appeal was dismissed.
Issue of the Case
Whether the substance recovered i.e. 920 gm of opium derivative was of “small quantity” or of “commercial quantity”?
Arguments of the Petitioner
The petitioner contended that the High Court fell into an error in taking the total quantity of the offending substances recovered from the two accused jointly and holding that the said quantity was more than the commercial quantity, as per Section 21(c) of the NDPS Act. Also, The High Court fell into a further error of assuming that because Section 29 was applicable, as the total quantity of opium recovered was 920 grams plus 4.250 kg and because of this mistake, the Court took the wrong view that the total opium recovered was of “commercial quantity” and, therefore, attracted Section 21(c) of the NDPS Act.
Arguments of the Respondent
There was no warrant for this conclusion at all as there is no evidence to suggest that there was any such abetment and/or criminal conspiracy within the meaning of Section 29 of the NDPS Act. The accused were found together, but individually carrying the recovered substances. Hence, it was not possible for the High Court to take the view that Section 29 was attracted.
The learned counsel for the appellant raised a further contention that even if the appellant is guilty of an offence under Section 21 of the NDPS Act, the punishment could only fall within clause (a) of Section 21 as the “manufactured drug” involved was of “small quantity”.
Judgment of the Case
The Court upheld the imposition of minimum punishment of 10 years' rigorous imprisonment together with a fine of Rs 1 lakh, unexceptionable, and concluded that no substance is found in the appeal and is liable o be dismissed.
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