BULBUL Vs. STATE

JUDGEMENT

(1.) The present appeal was filed by the appellant Smt.Bulbul W/o Sh. Raju against the impugned judgment dated 29.5.2001 of the then learned Additional Sessions Judge, Special Court under the NDPS Act, Delhi in Sessions case No.5/2000 in relation to FIR no.628/99, Police Station Kotwali under Section 21 of the NDPS Act, 1985 whereby she was convicted for the proved commission of the offence of possession of 10 grams of Heroin and was thus convicted under Section 21 of the NDPS Act, 1985.

(2.) The appellant has assailed the impugned order on sentence dated 31.5.2001 in the said case whereby she was sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs.1,00,000/- and in default of the payment of the said fine she was further directed to undergo rigorous imprisonment for one year.

(3.) Written synopsis on behalf of either side were submitted. However, during the course of the submissions made on 24.10.2017 it was submitted by the learned counsel for the appellant that the appellant no more challenges the finding vide the impugned judgment whereby she was convicted for the commission of an offence punishable under Section 21 of the NDPS Act having been held to have been found in possession of 10 gms of Heroin. It was thus submitted on behalf of the appellant that the appellant now challenges the sentence for a period of 10 years imposed upon her vide order on sentence dated 31.5.2001 submitting to the effect that there has been an amendment in the NDPS Act, 1985, whereby there has been a rationalization of the punishment structure under the NDPS Act, 1985, by providing graded sentences limited to the quantity of the narcotic drugs or psychotropic substance carried.