JUDGMENT

ANU MALHOTRA, J.

1. The applicant, Sheikh Anwar S/o Sh. Abdul Aziz, vide the present appeal Crl. A. No. 1111/2016 seeks the setting aside of the impugned judgment and order on sentence dated 14.09.2016 and 15.09.2016 of the Court of the learned ASJ-02, East, Special Judge, NDPS, KKD in Sessions Case No. 1367/16, P.S Crime Branch, FIR No.217/11, under Section 21(c) of the NDPS Act, 1985.

2. Notice of the appeal was issued to the State and the appeal was admitted vide order dated 23.11.2016. The Crl.M.B. 2084/2016 filed by the appellant seeking suspension of sentence was at that stage vide order dated 23.11.2016 declined.

3. Vide the impugned judgment dated 14.09.2016 of the Court of the learned Special Judge, NDPS, KKD, Delhi in FIR No.217/2011, PS Crime Branch, the appellant was convicted for the commission of an offence punishable under Section 21(c) of the NDPS Act, 1985 holding to the effect that he was found in possession of 1.5 Kgs of heroin, that is a commercial quantity in terms of the Schedule to the NDPS Act, 1985.

4. Vide the impugned order on sentence dated 15.09.2016, the appellant was sentenced to ten years of rigorous imprisonment with a fine of Rs.1,00,000/- and