JUDGMENT

K.R.Shriram, J. - This is an appeal impugning an order and judgment dated 3rd May 2006 passed by Learned Special Judge, Pune acquitting respondent (accused) of offence punishable under Section 20(b)(ii)(A) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (NDPS Act).

2. The charged Section 20(b)(ii)(A) of NDPS Act read as under:-

"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:-

(a) .............

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

(i) .............

(ii) Where such contravention relates to sub-clause (b), -

(A) and involves small quantity, with rigorous imprisonment for a term which may extend to (one year), or with fine which may extend to ten thousand rupees, or with both;

(B)............. (C)............."

Small quantity is defined under Section 2(xxiiia) and it reads as under:

"2(xxiiia) "small quantity" in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity