STATE Vs. FATIMA

JUDGEMENT

(1.) This appeal has been filed by the State. Vide the impugned judgment and order of sentence dated 21.9.2005 the appellant Fatima 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 her noting the fact that she had been in custody for 3 years and more than 1 month.

(2.) The State is aggrieved by the aforenoted judgment.

(3.) Admittedly in this case 500 grams heroin was recovered from the appellant. The drug had been sent to the FSL for examination. The report of the FSL is dated 05.2.2004. It disclosed that the contraband recovered from the accused contained 0.32% of diacetylmorphine; it would translate to 1.60 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.