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Contravention In Relation To Manufacturing Drug

Where appellants and other accused were found together ,but were individually carrying black liquid prima-facie smelling of opium.

FSL report was that black substance recovered had 2.8 per cent within meaning of section 2( xvi) (e) . All would amount to opium derivative fell within expression manufactured drug as defined in section 2(xi).

Hence ,appellant was guilty of an offence under section 21. 920 grams of opium recovered from appellant was of commercial quantity. Imposition of minimum prescribed punishment u/s 21 (c) of ten years rigorous imprisonment together with fine of Rs 1 Lakh was unexceptionable.

There was no evidence to show that there was criminal conspiracy between two accused. View of High Court that total quantity of substance recovered from both accused could be taken together for imposition sentence u/s 21( c) was not proper.

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