SHANKAR LAL Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The appellant was sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine in the sum of Rs.1,00,000/- in default Rigorous Imprisonment for one month for possessing Herion weighing 50 gms under Section 21 NDPS Act. Aggrieved by that order, the appellant has filed the instant appeal before this Court.

(2.) The learned counsel for the appellant made only one short submission, he explained that the appellant is languishing in the Jail for more than nine years, which fact is not disputed. The learned counsel for the appellant invited the attention of the Court towards the Narcotic Drugs and Psychotropic Substances Act Amendment Act, 2001 which according to the learned counsel for the appellant has brought significant changes in the NDPS Act, 1985. He referred to table sub-clause (viia) and (xxiiia) of section 2 of the Act, which reveals <FRM>JUDGEMENT_630_AD(DEL)8_2006Html1.htm</FRM>

(3.) It, therefore, means that the accused was in possession of lesser quantity than commercial quantity but greater than small quantity. Section 21 of NDPS Act is reproduced as follows: