prove at this distance of time, the actual
state of the small quantity of ghee analysed. [41G-H]
Alagiriswami, J. (concurring in the final result ... quite
correct it may not establish the state in which the small
quantity of ghee analysed was when it was sold by the
distributor
grams of heroin is an intermediate quantity between "small quantity" and
"commercial quantity" (vide section 2 sub-clause ... punishable,-
(a)....................
(b) where the contravention involves quantity, lesser than commercial quantity but
greater than small quantity, with rigorous imprisonment for a term which
said quantity from one Mattancharry Rafeeque for a sum
of Rs,25/- for his personal consumption. Though the
quantity found was 'small quantity ... raised the plea that the
quantity of 100 mgs. was 'small quantity' and it was kept
for his personal consumption, the trial court
fact, delivery in drums was only to
facilitate their transport in small quantities. The manufac-
ture of the goods was complete before these were placed ... fact, delivery in drums was only to
facilitate their transport in small quantities. The manufac-
ture of the goods was complete before these were placed
under sub-
section (b) where the contravention involves quantity lesser than
commercial quantity but greater than small quantity, rigorous imprisonment
may extend to 10 years ... samples of 250 grams each, the quantity measured comes to 69.50 kgs
which is more than commercial quantity (small quantity 1000 gms/commercial
quantity
from a head injury may
show an increased effect to a
small quantity of alcohol”.
It would thus be seen that
in the opinion
section shall apply to
the import, subject to prescribed conditions, of small
quantities of any drug for the purpose of
examination, test or analysis ... section shall apply to
the manufacture, subject to prescribed conditions,
of small quantities of any drug for the purpose of
examination, test or analysis:
Provided
possession of
the accused was within the prescribed limit, being a small
quantity. Consequently benefit of the same was granted to the
accused in that ... small quantity as per the
Notification is 1 gm. Thus the total quantity seized from the
appellant would fall within the limit of small quantity
kilogram of Ganja – Narcotic Substance, which is above the
small quantity and below commercial quantity. It is submitted
that under the NDPS Act, 20 kilogram ... quantity and the punishment for commercial
quantity is 10 years rigorous imprisonment and above. It is
submitted that however for the quantity between small quantity
dated July 16, 1996, which specifies and defines the expression "small quantity" for the purpose of clause (b) of Section ... total quantity of 3.5 grams, as such much below the quantity as prescribed in terms of the notification and thus a 'small quantity
