MOHD YUNUS Vs. STATE OF GUJARAT
HIGH COURT OF DELHI
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PRADEEP NANDRAJOG, J. -
(1.) As per the FIR the petitioner was apprehended on 2.2.2007 with
1025 gms of heroin. On being subjected to chemical analysis by FSL Laboratory
the sample was found to contain 2.1% of diacetylmorphine.
(2.) It is not in dispute that on a said percentage of offending
compound actual weight of diacetylmorphine comes to 21.52 gms which falls much
below the commercial quantity. It would actually fall in the category of medium
(3.) On the issue of percentage, unfortunately, there are 2 divergent
views of 2 learned Single Judges of this Court. In the decision reported as 111
(2004) DLT 759 Yogesh Tyagi and Ors. Vs. State, O.P.Dwivedi, J opined that
percentage purity of contraband substance is immaterial for the reason
legislature has not stipulated purity levels in contraband substances in NDPS,
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