S.NAGAMUTHU, J.

1. "Whether in the absence of exact quantity/percentage of narcotic drug/psychotropic substance found in the seized contraband, the punishment for contravention in relation to manufactured drug and preparations, is to be imposed under Section 21(a) or under Section 21(b) of the Narcotic Drugs and Psychotrophic Substances Act, 1985?". This is the question referred to this Division Bench to answer. The said question came to be referred to by a learned Single Judge in the following circumstances.

2. The appellant in C.A.(MD).No.256 of 2009 was found guilty by the Trial Court for having found in possession of 1.370 Kilograms of heroin. The occurrence was on 07.01.2001. The Trial Court convicted him for the offences under Sections 8(c) r/w Section 29 and Section 8(c) r/w Section 21 of the Narcotic Drugs and Psychotrophic Substances Act, 1985, [hereinafter referred to as "the NDPS Act"] and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-in default to undergo simple imprisonment for three months. Challenging the said conviction and sentence, the appellant has filed the above Appeal.

3. When the said Criminal Appe