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2005 Supreme(AP) 114

BADAR DURREZ AHMED
Ansar Ahmed – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


JUDGMENT

Badar Durrez Ahmed, J.—These ten bail applications were heard together as they raise common question. I shall deal with the common issues first and then with the individual bail applications. To consider the common issues I have taken a hypothetical case, which, it will become clear from what is stated below, bears a striking resemblance with the facts of each case:

1. An alleged recovery of a suspected narcotic drug is made from the person of an accused. It is a brown coloured powder in a polythene bag. The field kit reveals that it is heroin (diacetylmorphine). It is weighed on an electronic scale and found to be 500 gms in weight. Two samples of 5 gms each are taken and placed in separate envelopes marked A and B. These samples are sent to the Forensic Science Laboratory for chemical analysis1. Gas chromatography tests2 conducted at the laboratory reveal that the brown coloured powder tests positive for diacetylmorphine. But, it comprises only of 0.2 per cent diacetylmorphine. The question that arises is whether the alleged recovery is of a “small quantity” or a “commercial quantity” or an intermediate quantity of Heroin. Is the entire 500 gms of the substance to be taken
























































































































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