VAJJA SRINIVASU SRINU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been confined to the quantum of sentence. The conviction of the appellant is under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). The maximum punishment prescribed there-under, is rigorous imprisonment for a term which may extend to 5 years and a fine which may extend to Rs. 50,000. 00. But the trial Court has imposed imprisonment for a term of two years and a fine of Rs. 3,000. 00.

(3.) Learned Counsel for the appellant submits that appellant was aged 21 years when the court framed charge against him. As the provisions of Probation of Offenders Act are inapplicable to the offences under the NDPS Act, appellant is disabled from pleading for application of the beneficial provisions of the Probation of Offenders Act. Learned Counsel submits that the said disability will not preclude him from pleading for a lesser sentence, particularly in view of the age factor.