STATE OF GUJARAT Vs. BALUMIYA AAMADMIYA KADARI

JUDGEMENT

(1.) The present appeal is filed by the State under section 377 of the Code of Criminal Procedure, 1973, 1973 for enhancement of the sentence imposed in a judgment and order rendered in Criminal Case No.18/1997 by Special Judge, Jamnagar dated 07.05.1999 on the grounds stated in the appeal.

(2.) Heard learned APP Shri H.L. Jani for the appellant-State and learned advocate, Shri Hardik Shah for the respondent-accused.

(3.) Learned APP Shri Jani referred to the grounds and submitted that considering the nature of offence under the NDPS Act, the Court below should not have shown such leniency when the statute provides for the punishment upto five years. He pointedly referred to section 20 of the NDPS Act, 1985 and submitted that Section 20(B)(i) of the Act provides that imprisonment for a term which may extent to five years, has been provided and, therefore, it should not have been so lenient. He submitted that conscious possession etc. has been established and while recording conviction, the sentence should have been awarded accordingly. Learned APP Shri Jani submitted that the trial was over in 1999 and, therefore, amendment brought into NDPS Act came into force in the year 2001 and it will not have any application. He therefore submitted that appropriate order may be passed.