RAJU @ SALAM vs STATE OF KERALA

The Supreme Court held that the appellant's conviction under Section 21 of the Narcotic Drugs and Psychotropic Substances Act was improper as the prosecution failed to prove that the appellant possessed the substance for sale. The Court found that the quantity of 100 mgs of brown sugar was a 'small quantity' and the appellant had not exhibited withdrawal symptoms, indicating personal use. Consequently, the Court altered the conviction to Section 27 of the NDPS Act, reducing the sentence to one year of rigorous imprisonment and a fine of Rs. 5,000.