RAM LAL Vs. STATE

JUDGEMENT

(1.) This appeal under Section 374(2) CrPC challenges appellant's conviction for the offence punishable under Section 21(c ) of the NDPS Act (hereinafter referred to as the "Act") and sentence awarded of 14 years rigorous imprisonment and fine of Rs. 1,00,000.

(2.) Heard learned counsel for the appellant and learned Public Prosecutor.

(3.) In course of arguments, on behalf of appellant thrustly argued is that conviction is for possessing (and/or transporting) commercial quantity of heroin alleged to be 450 grams and appellant's application of 14.11.2008 requesting (i) re-examination of sample for determining quantity of diacetyle morphine and than consequent (ii) calling of the expert examining sample is rejected by trial court vide order of same day and since determination of quantity was and is necessary, so the application ought to have been allowed and ordering accordingly, the appeal should be decided.