ORDER

1. The only issue pending before this Court arose out of the quantity of contraband recovered i.e. whether it should be labeled as a small quantity or commercial quantity depending on the percentage of diacetylmorphine. The High Court opined that the purity of the total content would have to be examined and on the basis of the chemical analysis report (Exhibit P-19) proved vide the testimony of PW-2, it was not possible to come to the conclusion whether contraband articles seized would come under one or the other category. The case of conviction was upheld but the sentence imposed, treating it as a small quantity was of six months and since the parties have already undergone sentence for more than 3/ years it was restricted to the period undergone.

2. The special leave petition preferred by the State remained pending on account of the question of law being examined. The interesting part is that out of the three accused, in case of one accused, the notice in special leave petition could not be served and thus it was dismissed. Thus the person who absconded could not be served and is out of Court while the two respondents who were served will have to face the consequences of the