SAMUNDEESWARAN ALIAS SAMU Vs. STATE

JUDGEMENT

(1.) SECOND accused Samundeeswaran alias Samu challenges before this court by filing this criminal appeal the judgment of conviction and sentence recorded by the Trial Court.

(2.) LEARNED Principal Sessions Judge under E.C. & and NDPS Act, Chennai convicted the accused for offence under section 8(c) read with section 21(c) of the NDPS Act and sentenced him to undergo ten years rigorous imprisonment and to pay fine of Rs.1,00,000/= with usual default sentence.

(3.) IN MICHEAL RAJ's case referred to above, the Supreme Court has categorically held that the total weight of the contraband substance is not relevant. But, the percentage of pure heroin content found in the total weight of the contraband matters while determining the small, intermediate and commercial quantity of contraband. Admittedly, purity test was not conducted in this case by the respondent police. Therefore, as rightly pointed out by the learned counsel appearing for the appellant, benefit of such lapse will have to be conferred on the appellant. At any rate, the court finds that the percentage of pure heroin content translated into weight would definitely exceed five grams though it might not have exceeded 250 grams.