Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the Appellant and learned A.G.A.
(2.) THE present Criminal appeal has been filed against the judgment and order dated 4.9.2010 passed by learned Additional Sessions Judge (Court No. 2)/ Special Judge, Pilibhit in Special Trial No. 133 of 2008 (State v. Makhan Lal) under Section 8/20 of N.D.P.S. Act, convicting and sentencing him to undergo rigorous imprisonment of 10 years along with a fine of Rs. One lac and in default in payment of fine to undergo further simple imprisonment of one year. It is contended by learned Counsel for the Appellant that 1 kg of Charas is alleged to have been recovered from the possession of the Appellant which cannot be treated to be commercial quantity and thus the rigours of Section 37(1)(b) of the N.D.P.S. Act are not attracted to the present case.
(3.) IN support of his contention, learned Counsel for the Appellant has drawn attention of the to Section 2(vii)(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which defines commercial quantity as quantity greater than the quantity specified by the Central Government by the notification in the official gazette. Admittedly, in the official gazette, 1 kg has been specified and, therefore, up to 1 kg narcotic or psychotropic substances i.e. Charas in the present case cannot be treated as commercial quantity.;