MAHMAD RIYAZ NUR MAHMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in these two appeals filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 8.10.2004 rendered in Special (NDPS) Case No.10 of 2003 by the learned Special Judge (NDPS), Fast Track Court No.9, District Bharuch by which the appellant of both the appeals, original accused Nos.2 and 1 respectively, ('the accused' for short) have been convicted for commission of the offences punishable under Sections 8 (c ), 20 (b)(ii)(B) and 29 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.50,000/ - each 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.) MS . Sadhna Sagar, learned advocate appointed by Free Legal Aid Committee for the accused persons in both the appeals, at the outset submitted that she does not challenge the order of conviction on merits. However, she challenges the order of sentence. According to her, the contraband article Ganja which was recovered from both the accused persons was less than commercial quantity. She submitted that from the accused persons Ganja of less than 2 Kg was recovered. However, the trial court imposed the maximum sentence of ten years and, therefore, the sentence imposed on the accused persons is disproportionate to the guilt of the accused. She also submitted that both the accused have undergone more than 3 ? years imprisonment. Therefore, while upholding the conviction, sentence may be reduced to the extent they have undergone and accordingly these appeals may be allowed qua sentence only.