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Judgment
P.Somarajan, J
Heard both sides.
What is alleged to have been seized from the possession of the accused is only 75 grams of ganja. It is submitted that now he is aged 82 years and the said contraband was possessed by him for his personal use. Necessarily, the offence would come under the purview of Section 27 of the Narcotic Drugs and Psychotropic Substances Act rather than the offence under Section 20(b) (ii)(A) of the said Act. It is fairly conceded by the learned Public Prosecutor that the quantity seized comes to only 75 grams and now the accused is aged 82 years. He was arrested in connection with the conviction on 04.02.2024 and is now under detention. Hence, it is fit and proper to set aside the conviction for the offence under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act. The accused is found not guilty for the said offence, but found guilty for the offence punishable under Section 27 of the said Act and convicted thereunder and sentenced to pay an amount of Rs.10,000/- (Rupees ten thousand only) by way of fine, in default to undergo simple imprisonment for three months.
Criminal Revision Petition will stand allowed in part accordingly by modifying the sentence as above.