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2. The prosecution case, in brief, is that on 27-11-1998, the appellant had returned back from the court hearing and at night time, one Sanjay Ruikar, Sepoy informed the Jail Superintendent Swati Sathe (PW-1) that the activities of the appellant who was in Barrack No. 6, were suspicious. The Jail Superintendent along with staff came there and upon taking search of the appellant by Jailor Dabir, one Sitara Gutkha Pudi (Pouch) was found in the mouth of the appellant. The said pouch was taken out and it was found that the same contained about one gram of brown sugar. One Pannie paper was also found in the left pocket of paijama of the appellant. The matter was reported to the Police, PW-7, P.S.I., Uttam Choudhary came to the jail premises and attached the said pouch containing brown sugar. The same was forwarded to the Chemical Analyser, who found that the samples sent contained heroine (diacetyl morphine) and the same falls under Section 20(xi)(e) of N.D.P.S. Act.

(a) where the narcotic drug or psychotropic substance possessed or consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government, by notification in the Official Gazette, with imprisonment for a term which may extend to one year or with fine or with both; and

(b) where the narcotic drug or psychotropic substance possessed or consumed is other than those specified in or under Clause (a), with imprisonment for a term which may extend to six months or with fine or with both.

Sl. No. Name of Narcotic Drugs and Psychotropic Substances Quantity (in grams)

1. Cocaine, its salts and preparations containing cocaine or its salts.

2. Morphine, its salts and preparations containing morphine or its salts.

3. Diacetylmorphine (Heroin), its salts and preparations containing diacetylmorphine or its salt.

Section 27 of N.D.P.S. Act shows that Clause (a) of the said section deals with cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government. Clause (b) would apply to narcotic drug or psychotropic substance other than those specified in or under Clause (a) regarding which the notification is referred to above. According to this notification, 5 gms. of heroine is a small quantity. Therefore, at any rate, the quantity of contraband found which is 500 mg./half gram would fall within the ambit of small quantity under Section 27 of the Act. Therefore, the benefit of Section 27 can be extended to the appellant.