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 and 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.) Learned APP would submit that there are no extenuating circumstances to reduce the sentence in a case where the appellant was proved to be a contraband trafficker which is a serious offence against the society, and in fact, the State has preferred Criminal Appeal No. 1401 of 2009 for enhancement of the sentence, inter-alia against the appellant Sanjay Dhaneshwar Yadav, since inadequate sentence, looking to the gravity of the offence was imposed by the court below even as he was found guilty of the offences. In his submission the maximum sentence as contemplated under Section 20 of the Act was called for.