Leave granted.
Delay condoned.
The appellant was convicted under Section 21 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') and sentenced to 10
years rigorous imprisonment and fine of Rs.1 lac, in default to suffer further rigorous
imprisonment for 5 years.
According to the prosecution, the appellant was found with 3 bags containing in
total 125 gms. of brown sugar. Two of the bags contained 50 gms., whereas the third
bag contained 25 gms. of the contraband. The conviction and sentence of the learned
Special Judge was affirmed by the High Court, against which judgment the appellant
has filed the present appeal.
..2/-
.2.
Mr. Harpreet Singh Sandhu, learned Advocate who has appeared in the matter
as Amicus Curiae, submitted that the appellant had already undergone the substantive
sentence of 10 years, and since he was unable to pay the fine, he is still undergoing
imprisonment for the default period for about one year.
The only submission that he has advanced is that since the appellant has already
undergone the substantive sentence, this Court may consider reducing the default
period to the period already undergone.
The prayer made by Mr. Sandhu has been opposed on behalf of the respondent,
State of Assam, on the ground that since the provisions of the aforesaid Act were meant
to be stringent, no leniency should be shown to the appellant in the matter.
Having considered the submissions made on behalf of the respective parties, and
since the appellant has been convicted under the provisions of Section 21(1)(b), which
relates to being found in possession of brown sugar (heroin) of less than the commercial
quantity, which according to the Table (in the Notification dated 16.7.96) is 250 gms,
and having regard to the fact that the appellant has been awarded the maximum
sentence under Section 21(1)(b), we are of the view that the sentence with regard to
the default may be
..3/-
.3.
reduced in the facts and circumstances of the case. The appellant was admittedly
found in possession of 125 gms. of the contraband, which is half the commercial
quantity prescribed under the Table.
In that view of the matter, we allow the appeal and reduce the default period of
sentence to the period already undergone.
The appeal is, accordingly, allowed.
Let the appellant be released forthwith.
NEW DELHI November 28, 2008.