ABDUL SALAM YUSUF SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsels for the parties.

(3.) The appellant was found guilty for the offence punishable under Sec. 22 of the narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of twelve years and to pay a fine of rupees one lakh, in default of fine to undergo further imprisonment for one year. The Counsel for the appellant submits that in view of the amendment of the provision, for keeping in possession of smaller quantity, lesser punishment could have been awarded. But this is not applicable to the appellant as the appeal was pending at the time of commencement of the amended provision. The appellant was found in possession of 430 grams of 'charas' and it is submitted that he has undergone imprisonment for fairly long period.