SHEIKH ANWAR Vs. STATE

JUDGEMENT

(1.) The applicant, Sheikh Anwar S/o Sh. Abdul Aziz, vide the present appeal Crl. A. No. 1111/2016 seeks the setting aside of the impugned judgment and order on sentence dtd. 14/9/2016 and 15/9/2016 of the Court of the learned ASJ-02, East, Special Judge, NDPS, KKD in Sessions Case No. 1367/16, P.S Crime Branch, FIR No.217/11, under Sec. 21(c) of the NDPS Act, 1985.

(2.) Notice of the appeal was issued to the State and the appeal was admitted vide order dtd. 23/11/2016. The Crl.M.B. 2084/2016 filed by the appellant seeking suspension of sentence was at that stage vide order dtd. 23/11/2016 declined.

(3.) Vide the impugned judgment dtd. 14/9/2016 of the Court of the learned Special Judge, NDPS, KKD, Delhi in FIR No.217/2011, PS Crime Branch, the appellant was convicted for the commission of an offence punishable under Sec. 21(c) of the NDPS Act, 1985 holding to the effect that he was found in possession of 1.5 Kgs of heroin, that is a commercial quantity in terms of the Schedule to the NDPS Act, 1985.