Commercial quantity under NDPS can be proved by purity-based analysis, and expert reports under CrPC remain admissible without testimony.

Heroin quantity is assessed on the basis of the quantitative analysis report and the purity percentage applied to the seized substance; here, 31.99% purity yielded 903.72 grams, which fell within the notified commercial quantity under the NDPS framework. A report prepared by a Government scientific expert falling within Section 293 CrPC is admissible without personal examination of the expert. On that basis, conviction under Section 21(c) of the NDPS Act was sustained, and the analysis confirms that proved commercial quantity and admissible scientific evidence support the charge.

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Issues: Whether the quantity of heroin proved against the appellant amounted to commercial quantity under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and whether the quantitative analysis report was admissible in evidence under Section 293 of the Code of Criminal Procedure, 1973.

Analysis: The quantitative analysis report showed a purity percentage of 31.99%, on the basis of which the quantity attributable to heroin came to 903.72 grams. That quantity fell within commercial quantity as notified by the Central Government under Notification S.O.1055(E) dated 19.10.2001. The report was prepared by an Assistant Director and Assistant Chemical Examiner to Government, who was a Government scientific expert within Section 293(4) of the Code of Criminal Procedure, 1973, and the report was therefore admissible in evidence without examining the expert personally.

Conclusion: The finding of commercial quantity was upheld and the conviction under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was sustained. The appeal failed on merits, though the default sentence for non-payment of fine was reduced.

Ratio Decidendi: A quantitative analysis report prepared by a Government scientific expert falling within Section 293 of the Code of Criminal Procedure, 1973 is admissible without personal examination, and where the proved quantity, after applying purity percentage, falls within the notified commercial quantity, conviction under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is justified.

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