SANJAY DHANESHWAR YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant ­ Sanjay Dhaneshwar Yadav, who was original accused No.2 in Sessions Case No.107 of 2007, and who was charged, tried and convicted amongst other accused and convicted by the learned Additional Sessions Judge, Court No.9, City Civil & Sessions Court, Ahmedabad for the offences punishable under Section 8(c) and Section 20(b) of the Narcotic Drugs and Pshychotropic Substances Act, 1985 ( for short "NDPS Act") read with Section 20(ii)(b) of the Act, and was sentenced to rigorous imprisonment of six and half years and additional sentence of two months rigorous imprisonment in default of fine of Rs.50,000/ which was also imposed, is aggrieved and dissatisfied with the impugned judgment and order dated 20.3.2009 and is in appeal before this Court.

(2.) IT is not necessary to go into detailed facts of the case as the arguments advanced by the learned counsel for the appellant were restricted to the sentence imposed upon the appellant even as the appellant has served out a sentence of five years and 11 months against the above sentence. It has been argued that the appellant is young person and he was allegedly found in possession of 19 kgs and 100 grams of ganja which is not a commercial quantity. He submitted that therefore there were extenuating circumstances as the accused is a youth; he had no antecedent and having served substantial sentence, the fine as well as the sentence may be reduced to one already undergone.

(3.) HAVING considered the facts and circumstances as to imposition of the sentence upon the appellant herein, it cannot be disputed that the appellant is a young boy, having no antecedent and admittedly the quantity of ganja with which he was found was below the commercial quantity. Section 8(c) of the Act reads as under: