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    <title>1993 (3) TMI 370 - Supreme Court</title>
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    <description>Compliance with Section 50 of the NDPS Act was treated as a factual question, and the concurrent findings rejecting the search challenge were not disturbed. On possession, only one seized piece was chemically tested; the untested residue could not be presumed to be charas without positive proof, so recovery of 12 grams was not established. The proved quantity was below the small-quantity threshold, and the surrounding circumstances indicated personal consumption rather than sale or distribution. The statutory exception under Section 27 therefore applied, the conviction under Section 20(b)(ii) could not stand, and the conviction and sentence were reduced accordingly.</description>
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    <pubDate>Tue, 16 Mar 1993 00:00:00 +0530</pubDate>
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      <title>1993 (3) TMI 370 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=197304</link>
      <description>Compliance with Section 50 of the NDPS Act was treated as a factual question, and the concurrent findings rejecting the search challenge were not disturbed. On possession, only one seized piece was chemically tested; the untested residue could not be presumed to be charas without positive proof, so recovery of 12 grams was not established. The proved quantity was below the small-quantity threshold, and the surrounding circumstances indicated personal consumption rather than sale or distribution. The statutory exception under Section 27 therefore applied, the conviction under Section 20(b)(ii) could not stand, and the conviction and sentence were reduced accordingly.</description>
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      <pubDate>Tue, 16 Mar 1993 00:00:00 +0530</pubDate>
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