RANJEET SINGH Vs. STATE

JUDGEMENT

(1.) THE instant Appeal is being filed while challenging the impugned judgment dated 24.12.2010 passed by Addl. Sessions Judge / Special Judge (NDPS), Dwarka Courts, New Delhi, whereby he was held guilty for the offences punishable under Section 20 (b) (ii) (C) of the NDPS Act with fine of Rs.1 Lac. Also challenged the order on sentence dated 18.01.2011 whereby he was sentenced to undergo RI for a period of 10 years for the offences punishable under Section 20 (b) (ii) (C) of NDPS Act. Benefit of Section 428 Cr. P.C. has been extended to the Appellant.

(2.) MR. K.B. Andley, Ld. Sr. Counsel appearing on behalf of the Appellant has argued only on one issue that under Section 2 (vii-a) of NDPS Act, the quantity of the substance recovered should be more than 20 Kgs. If the quantity is less, then person cannot be convicted for the offences mentioned above.

(3.) ADDITIONALLY, the sample received by the FSL found of the quantity of 3.40 and 3.20 respectively.