JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of the Calcutta High Court quashing charges framed under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the `NDPS Act) as amended by Act 9 of 2001. The High Court directed the trial court to frame charges under Section 20(b) (i) of the Act.

2. The background facts in a nutshell are as follows: A complaint was filed under Section 8 of the Act alleging commission of offence punishable under Section 20(b)(i) of the Act on 21.9.2001. The un-amended provision reads as follows:

"20. Punishment for contravention in relation to Cannabis plant and Cannabis---------------------" Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder:

(b) Produces, manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter-state or uses cannabis, shall be punishable------

(i) Where such contravention relates to Ganja or the cultivation of Cannabis Plant, with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty thousand rup