Supreme Court · 2009 INSC 303 · Decided 3 March 2009
State of NCT of Delhi v. Ashif Khan @ Kalu
- Court
- Supreme Court of India
- Citation
- 2009 INSC 303 · [2009] 3 S.C.R. 940
- Case number
- CRIMINAL APPEAL No. 428/2009
- Decided
- 3 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- NDPS Act Section 21
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 c - s. 21 - Substance recovered quantified at 310 gms - Found to be containing 2.945 gms of 'heroin' - Sentence structure under the Act linked to quantity of narcotic drugs/psychotropic substances carried - Dispute as to whether the offending intermediate or commercial quantity - D Held: Total weight of the entire substance was not relevant- , " Only the actual content by weight of 'heroin' was relevant- The High Court rightly held that the quantity seized was small quantity - Narcotic Drugs and Psychotropic Substances (Amendment)
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