Case Note & Summary
The appellant, Samsun Donald Dokubo, was convicted by the Special Judge under the NDPS Act for possession of 92 grams of heroin, a non-commercial quantity, and sentenced to two years rigorous imprisonment and a fine of Rs. 5000. The prosecution case was that on 6th February 2014, police received secret information that an African national would be selling heroin near Tunga International Hotel, Andheri. After following procedures including recording the information, pre-trap panchanama, and compliance with Section 50, the appellant was apprehended and 92 grams of heroin was recovered from his pant pocket. The appellant challenged his conviction on grounds of non-compliance with Section 50 and procedural irregularities. The High Court, after hearing arguments, found that the prosecution had complied with all mandatory requirements and that the evidence, including the panchanama and chemical analysis report, established the appellant's guilt. The court noted that the appellant had already undergone more than one year and six months of the two-year sentence and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8(c) read with Section 21(b) - Possession of Heroin - Non-Commercial Quantity - The appellant was convicted for possession of 92 grams of heroin, which is a non-commercial quantity. The court upheld the conviction, finding that the prosecution had proved its case beyond reasonable doubt and that the mandatory requirements of Section 50 of the NDPS Act were complied with. (Paras 1-5)
Issue of Consideration
Whether the conviction of the appellant under Section 8(c) read with Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 92 grams of heroin is sustainable in law.
Final Decision
Appeal dismissed. Conviction and sentence upheld.
Law Points
- Section 50 of NDPS Act
- Section 8(c) read with Section 21(b) of NDPS Act
- Non-commercial quantity
- Possession of heroin
- Conviction upheld
