JUDGMENT :

U.C. Banerjee, J.

The appellant before this Court in this appeal, upon grant of special leave under Article 136, has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of rupees one lakh, and in default, to undergo rigorous imprisonment for another one year. In appeal against the Order and Judgment of the Court of Session, the High Court came to a similar conclusion and did not feel it expedient to interfere with the conviction and sentence as directed by the learned Sessions Judge.

2. During the course of hearing the learned counsel appearing in support of the appeal drew our attention to notification No. S.O. 527 (E), dated July 16, 1996, which specifies and defines the expression "small quantity" for the purpose of Clause (b) of Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1995 and the quantity in grams has been fixed at 5 grams. The concerned narcotic drug involved, is di-acetyl morphin (heroin). Admittedly the seizure, in the contextual facts, depicts a total quantity of 3.5 grams, as such much below the quantity as pr