ANWAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction dated 20.5.2000 and order of sentence dated 23.5.2000 whereby the appellants was convicted under Sec. 21 of the NDPS Act and sentenced to undergo RI for 10 years and fine of Rs. 1 lakh in default RI for two years.

(2.) Briefly stated, prosecution case is that on 4.8.98 at about 10.30 am near main road, Friends Enclave G Block, Sultanpuri, Delhi the appellant was apprehended and searched by the police and found in his possession 30 grams of heroin. Appropriate charges under Section 21 of the NDPS Act were framed against the accused to which he pleaded not guilty. After considering the evidence led by the prosecution and other material on record, learned Additional Sessions Judge held the charges against the appellant as proved and accordingly convicted and sentenced him as stated earlier.

(3.) In appeal learned counsel for the appellant Mr. Sumeet Verma, Advocate, has not challenged the conviction of the appellant. He has pleaded for leniency in the matter of sentence in view of amended provision of section 21 of NDPS Act. This amendment which came into force on 2nd October, 2001, reads as under: