Buprenorphine possession and personal consumption were treated as a lesser NDPS offence on a preponderance of probability.

Possession of buprenorphine was treated as possession of a psychotropic substance under the NDPS framework, but punishment depended on whether the possession was in contravention of the Act and Rules. Because the recovered quantity was well below the notified small quantity and the surrounding circumstances, including syringes, supported personal use, the alternative plea of personal consumption was accepted. The text states that this issue could be proved on a preponderance of probability rather than beyond reasonable doubt, and the conviction was altered to the lesser offence of possession for personal consumption.

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Issues: Whether possession of buprenorphine in the quantity recovered from the appellant constituted an offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985, or fell within the lesser offence of possession of a small quantity intended for personal consumption.

Analysis: The recovered substance was treated as a psychotropic substance within the statutory schedule, and possession of such substance is punishable only when it is in contravention of the Act and the Rules. The quantity recovered was found to be well below the notified small quantity. The surrounding circumstances, including recovery of syringes, supported the inference that the substance was meant for personal use rather than for sale or distribution. The Court held that the accused could rely on the alternative plea of personal consumption, and that this issue could be established on a preponderance of probability rather than by proof beyond reasonable doubt.

Conclusion: The conviction was altered to the offence of possession of a psychotropic substance for personal consumption, and the appellant obtained the benefit of the lesser statutory treatment.

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