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2003 Supreme(HP) 137

A.K.GOEL, M.R.VERMA, K.C.SOOD
RATTO – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
S/Sh. Anup Chitkara and Ashutosh Sharma, Advocates for the Petitioner; Mr. H.K.S. Thakur, Dy. A.G., Mr. P.M. Negi, Asstt. A.G. and Mr. G.S. Guleria, Law Officer, for the Respondent.

JUDGMENT

Arun Kumar Goel, J.—This matter has been referred on the following questions:— "Whether 1 Kg. Cannabis (Charas) will be commercial quantity in the face of Section 2 (vii-a) of the Act, 1985, as has been held in the aforesaid two decisions of this Court."

2. For ready reference, both these decisions are extracted hereinbelow:— "Cr. M.P. (M) No. 1492 of 2001 : 4.1.2002 The quantity of the charas recovered in the present case is one kilogram, that is, the commercial quantity, therefore, the provisions of Section 37 of N.D.P.S. Act would apply. The petitioner, therefore, cannot be admitted to bail and his application is accordingly rejected. “Cr. M.P.(M) No. 1088 of 2002: 29.9.2002 Notice. Learned Additional Advocate General waives service of notice on behalf of the state. Heard. The petitioner has been arrested for an offence under Section 20 of the NDPS Act for having been found in possession of one kilogram of Charas. Vide Notification issued by the Central Government dated 19.10.2001 published in the Gazette of India, Extra-ordinary on 19.10.2001, in a case of Charas, one kilogram has been specified as commercial quantity. Since the petitioner was found in possession of one

















































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