RAJENDRAPRASAD GAURISHANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 8.12.2004 rendered in Special (NDPS) Case No.1 of 2004 by the learned Special Judge (NDPS), District Mehsana by which the appellant ('the accused' for short) has been convicted for commission of the offences punishable under Sections 8 (c ) and 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short) and sentenced to suffer RI for ten years and fine of Rs.1,00,000/ - i.d, RI for further period of one year.

(2.) BRIEFLY stated, the prosecution case as disclosed from the complaint as well as unfolded during trial, is as under:

(3.) MR . Rajesh M. Agrawal, learned advocate for the accused, at the outset submitted that he does not challenge the order of conviction on merits. However, he challenges the order of sentence. According to him, the contraband article Ganja which was recovered from the accused was less than commercial quantity. He submitted that from the accused Ganja weighing 1 Kg. 450 grams was recovered. However, the trial court imposed the maximum sentence of ten years and, therefore, the sentence imposed on the accused is disproportionate to the guilt of the accused. He also submitted that the accused has undergone more than 3 years and 3 months imprisonment. Therefore, while upholding the conviction, sentence may be reduced to the extent he has undergone and accordingly the appeal may be allowed qua sentence only.