Supreme Court · 2011 INSC 511 · Decided 21 July 2011

Nikku Khan @ Mohammadeen v. State of Haryana

Court
Supreme Court of India
Citation
2011 INSC 511 · [2011] 9 S.C.R. 435
Case number
CRIMINAL APPEAL No. 925/2007
Decided
21 July 2011
Bench
V.S. SIRPURKAR, T.S. THAKUR (2-judge bench)
Outcome
Disposed off
Case type
Criminal

Headnote

Narcotic Drugs and Phychotropic Substance Act, 1985: :A B c ss. 2(b) and (c) - Notification specifying commercial quantity of heroin as 250 gm - Heroin recovered from accused being 125 gm with concentration of 16. 93% - Conviction and sentence of 12 years and fine of Rs. 1 lac imposed by trial by High Court - HELD: 0 Accused is liable to be convicted u!s 21(b) and not uls 21(c) of the Act as, on the relevant date, he was found in possession of 125 gm of heroin which is less than the commercial quantity as prescribed under the Act - The maximum punishment prescribed for the offence u/s

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