A good judgment of single bench of AP High court. Useful in my DP3 WP.
From Para 10,
K. Ranjith Vs State of AP on 01 Oct 2021
10. As can be seen from the aforesaid Section of law, when small quantity of Ganja is involved in commission of the offence, the imprisonment prescribed is for a term which may extend to one year or with fine, which may extend to ten thousand rupees, or with both. In the instant case, the Ganja involved in commission of the offence is only 600 grams, which is below the 1000 grams. Therefore, as per the aforesaid notification, it is to be held that the Ganja involved in this case is only a small quantity and an offence under Section 20(b)(ii)(A) of the NDPS Act is only made out. So, the very registration of F.I.R. for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, which is relating to commercial quantity, is obviously erroneous. Clause (C) of sub-clause (ii)(b) of Section 20 of the NDPS Act applies only when the Ganja involved is of 20 Kgs. as it is a commercial quantity as per the aforesaid notification. The said offence under Section 20((ii)(b)(C) of NDPS Act relating to possession or illegal transportation of Ganja of a commercial quantity is punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. So, when it is found that only a small quantity of Ganja of 600 grams is involved in this case, it is to be held that only an offence punishable under Section 20(ii)(b)(A) of the NDPS Act is made out and not an offence punishable under Section 20(ii)(b)(C) of the NDPS Act relating to commercial quantity. So, it is obvious that the police have registered the F.I.R. quoting a wrong section of law.