SANTOSH Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant was convicted and sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine in the sum of Rs.1,00,000/-, failing which she was to further undergo Rigorous Imprisonment for two years for possessing heroin weighing 322 grams on 07.07.2002. Aggrieved by that order, the appellant has preferred the instant appeal.

(2.) At the very outset, learned counsel for the appellant has drawn my attention towards CFSL report. The first report is dated 08.10.2002 which does not describe the percentage of heroin. Thereafter, application was moved by the appellant and the second sample was sent for examination by CFSL. The second report Ex.DX dated 29.04.2004 goes to show : -

(3.) This is an indisputable fact that as per this report, the appellant was found in possession of 13.6 grams of heroin. My attention was drawn towards a judgment passed by this Court in case Ansar Ahmed v. State (Government of N.C.T. of Delhi), 2005 JCC (3) (Narcotics) Page 193, wherein it was held :-