RAVI BHIMSINH SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocates for the parties.

(2.) THE appellant was found guilty of charges levelled against him for violation of Section 8 -C read with Section 20B(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and was sentenced to undergo 5 years of rigorous imprisonment and a fine of Rs.1,00,000/ - and in default, additional one year of rigorous imprisonment.

(3.) THE only argument of learned counsel for the appellant is that punishment imposed upon the appellant is disproportionate to the quantity of contraband recovered from his possession. It was argued that against quantity of 100 Grams of 'Charas', only 6.6 Grams in excess was found from the possession of the appellant and that, maximum awardable punishment for the possession of small quantity was 6 months of rigorous imprisonment or a fine of Rs.10,000/ - or both, and that legislature by amending the Act has related the punishment to the quantity found in possession, etc. Therefore, learned counsel for the appellant would argue that sentence of 5 years rigorous imprisonment and a fine of Rs.1,00,000/ - was highly disproportionate.