STATE OF DELHI Vs. VIRESHWAR TYAGI

JUDGEMENT

(1.) Delay condoned.

(2.) The State has preferred this appeal against the judgment dated 22/9/2005 and the order of sentence of the same date passed by the Additional Sessions Judge in his capacity as the Special Judge (Narcotic Drugs and Psychotropic Substances Act, 1985). The learned Additional Sessions Judge relying upon the decision of this Court in the Dule Hassan v State, which was decided on 2/9/2005, concluded as under:-

(3.) The learned counsel for the State (Appellant) submitted that the appellant ought to have been convicted under Section 21 (c) of the NDPS Act because the convicts were found to be jointly in possession of 1 Kg. of substances which were said to contain Heroin. This issue now stands settled by virtue of the decision in the case of Ansar Ahmed and Another v. The State: 123 (2005) DLT 563, wherein it was held that in a mixture of a narcotic drug or a psychotropic substance with one or more neutral substances, the quantity of the neutral substance or substances is not to be taken while considering whether a small quantity or a commercial quantity of the narcotic drug or psychotropic substance is recovered but only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute a "small quantity" or a "commercial quantity". In view of this decision, the impugned judgment cannot be altered. Accordingly, the appeal is dismissed.