Sarmukh Singh vs The State of Punjab

M. Jeyapaul, J.—The sole accused Sarmukh Singh was charged u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 as he was allegedly found in possession of 500 grams of opium.

The trial Court having adverted to the materials on record produced by the State recorded a finding that the prosecution has established its case against the accused that he was found in possession of 500 grams of opium and thereby he committed an offence u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The accused was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 10,000/-and in default to undergo further period of rigorous imprisonment of three months.

The learned Counsel appearing for the Appellant would submit that as per the chemical examiner report, 6.2% morphine alone was found in 10 grams of sample sent for examination. Therefore, it is his submission that the opium found in possession was very small quantity of about 30.1% morphine. Referring to the decision of the Hon''ble Supreme Court, it is his further submission that the actual contents of the narcotic drug namely 30.1 % alone shall be taken into consideration by the Court to arrive at the conclusion whether the quantity found in possession of the accused is a commercial or a small quantity. Therefore, it is his submission that the sentence imposed on the Appellant be reduced to the period which he had already undergone.

Heard the learned Deputy Advocate General, appearing for the State. It has been authoritatively held by the Supreme Court in E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau 2008(2) RCR 597 that the entire substance recovered from an accused shall not be viewed as narcotic drug. It is only the actual quantity of content of narcotic drug which shall be taken as a relevant factor to determine whether it would constitute a small quantity or commercial quantity.

It is the admitted position in this case that only 6.2 % of morphine alone was found in 10 grams of opium lifted and sent for examination out of 500 grams of opium recovered from the accused. 6.2% of morphine would account for 30.1% of actual content of opium in the entire 500 grams opium recovered from the accused. The said quantity of narcotic drug forms part of a small quantity. The Appellant had already undergone 3 months and 27 days imprisonment in connection with the present case.

In view of the above, confirming the conviction recorded by the trial Court, the sentence imposed upon the Appellant is modified to the period namely 3 months and 27 days already undergone by him.

With the aforesaid modification in the matter of sentence, the appeal stands allowed in part. The fine amount imposed by the trial court shall remain unaltered and the same shall be paid within one month from the date of receipt of copy of the judgment, failing which the Chief Judicial Magistrate, concerned, shall take necessary steps, in accordance with law.

The Chief Judicial Magistrate shall take necessary steps to comply with the judgment with due promptitude, keeping in view the applicability of the provisions of Section 428 of the Code of Criminal Procedure and compliance report be sent forthwtih.