SURESH KUMAR AGGARWAL Vs. KISHAN KUMAR AGGARWAL

JUDGEMENT

(1.) As per the FIR the petitioner was apprehended on 2.2.2007 with 1025 gms of heroin. On being subjected to chemical analysis by FSL Laboratory the sample was found to contain 2.1% of diacetylmorphine.

(2.) It is not in dispute that on a said percentage of offending compound actual weight of diacetylmorphine comes to 21.52 gms which falls much below the commercial quantity. It would actually fall in the category of medium quantity.

(3.) On the issue of percentage, unfortunately, there are 2 divergent views of 2 learned Single Judges of this Court. In the decision reported as 111 (2004) DLT 759 Yogesh Tyagi and Ors. Vs. State, O.P.Dwivedi, J opined that percentage purity of contraband substance is immaterial for the reason legislature has not stipulated purity levels in contraband substances in NDPS, 1985.