(1.) This appeal has been filed by the State. Vide the impugned judgment and order of sentence dated 05.10.2005 the appellant Mohd. Yasin had been convicted under Section 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and had been sentenced to undergo the period already suffered by him noting the fact that he had been in custody for more than two years.
(2.) The State is aggrieved by the aforenoted judgment.
(3.) Admittedly in this case one kilogram of heroin was recovered from the appellant. The drug had been sent to the FSL for examination. The report of the FSL is dated 23.01.2004. It disclosed that the contraband recovered from the accused contained 0.3% of diacetylmorphine; it would translate to 3 grams. The court had noted that this is a small quantity; the actual weight of the content/contraband being taken into account in view of the judgment of the a Bench of this Court reported in Dule Hassain Vs. State decided on 02.9.2005. Accordingly, since the possession of the appellant was of a 'small quantity' his conviction followed under Section 21(a) of the said Act. The sentence was also ordered accordingly.