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Narcotic Drugs and Psychotropic Substances Act, 1985
Section 21(c)—Recovery of 1.5 kgs of heroin—Conviction and sentence—Sample found to contain paracetamol, caffeine and Monoacetyle Morphine—Content of paracetamol and caffeine and Monoacetyle morphine i.e the weight thereof has to be included into the entire content of substance recovered from appellant which weighed 1.5 Kgs—Conviction for possession of commercial quantity is upheld—In terms of Section 21(c) of the NDPS Act, the possession of heroin of a commercial quantity is punishable with a minimum imprisonment of a term of ten years of rigorous imprisonment and to a fine which shall not be less than rupees one lakh—Appellant has rightly been sentenced to ten years of rigorous imprisonment and to a fine of rupees one lakh with default stipulation.
[Paras 17 to 19]
Section 21(c)—Recovery of heroin—Sentence—Where appellant has already undergone substantive sentence of ten years of rigorous imprisonment and also part of default sentence till date with his fine sentence also being liable to elapse, the prayer made by appellant seeking release on the period of detention already undergone by him is allowed.