Heroin-When mixed—
When mixed with, the entire stuff has to be considered as Heroin for the purpose of conviction and sentence. When law is stringent no consideration either humanitarian or otherwise can serve the purpose of reducing the sentence than prescribed by law. The hands of court are tied. The power of remission, commutation etc. lies with the Government or the President under Chapter XXIX of the Cr. PC. and Article 49 of the Constitution. The State Vs. Ms. Eliadah Mac Cord— 1, MLR (1996) (AD) 238.
Recovery of "heroin"
When the prosecution case is that grey coloured heroin was seized from the accused and the Chemical Expert stated in his evidence that brown coloured heorin powder and not grey coloured heroin was sent to him for examination, it is to be held that the alleged heroin' recovered from the accused was not heroin' at all Md. Zulfiqure Ali alias Kazal Vs. The State, 15BLD(HCD)570
Heroin
Penalty for breach of the provision of section 9
Law in every country being very severe in dealing with narcotic drugs because of its disastrous potential on social, national and national life, the Appellate Division took the view that if a substance which is commercially accepted as heroin' contains what is chemically called 'diacetylymorphine' the whole substance is to be treated as heroin' irrespective of whether it is in the purest form or not-Narcotic Control Act, 1990 (XX of 1990) Section-1901) The State Vs. Miss Eliadah McCord, 16BLD(AD)239
Quantun of heroin
To sustain a conviction the correct ascertainment of the quantum of heroin or other narcotics is an essential factor. If the heroin or narcotics in question is found to be upto 25 gms, the sentence will range from 2 years to 10 years R.I. but even a smaller faction above 25 gms will call for the sentence of death or imprisonment for life. Since a slight variation or mistake in the measurement may lead to disastrous consequences, it is necessary that the actual and real quantity of the heroin or narcotics in question be ascertained accurately and the law interpreted carefully and strictly. Any reasonable doubt on this score must go to the benefit of the accused. Narcotics Control Act, 1990 (XX of 1990) -9(1) Clause 1 (a) and 1(b) Eliadah McCord Vs. The State, 16 BLD (RCD) 501
