PREMCHAND RAJPATH YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE instant Appeal is preferred by the appellant under Section 374 of the Code of Criminal Procedure and under Section 36b of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short "the N. D. P. S. Act")against the judgment and order delivered by the learned Additional Sessions Judge, Court No. 19, Ahmedabad city on 5th January, 2006 in Sessions Case No. 91 of 2005 whereby the present appellant- accused came to be convicted by the trial Court for the offence punishable under Section 20 (b) (ii) (B) and was sentenced to undergo rigorous imprisonment of 8 years and to pay fine of Rs. 50,000/-, in default, to undergo rigorous imprisonment of 1 year.

(2.) AS per the brief facts of the prosecution case, Mr. H. V. Rathod, Police Inspector, Narcotic Cell,cid (Crime),state of Gujarat, Gandhinagar on 15th January, 2005 on receiving prior information raided near Khodiarnagar cross-roads at about 18:00 hrs. According to the prosecution case, in pursuance of the information received, the accused was caught with handbag on his shoulder. Police accosted the accused and, on search, contraband Ganja to the quantity of about 9. 280 Kg. was found from the possession of the accused. He was arrested and after investigation, chargesheet came to be filed. The accused pleaded not guilty and after full-fledged trial, the learned trial Judge convicted the accused and sentenced him as aforesaid.

(3.) IN the present appeal, Mr. R. M. Agarwal, learned advocate for the appellant restricted his submission to the quantum of the sentence and the Appeal has not been pressed on merits. It is submitted that so far as peculiar circumstances of the appellant is concerned, he is poor and he has responsibility to maintain his big family. He is a resident of Uttar Pradesh and maintains himself and the family by Rickshaw driving. It is also submitted by the learned advocate that the quantity of Ganja which was found from the possession of the accused is 9. 280 Kg. It is submitted that under the N. D. P. S. Act small quantity of Ganja is 1 Kg. as prescribed and commercial quantity of Ganja under the N. D. P. S Act is of 20 Kg. It is submitted that according to the amended scheme of N. D. P. S. Act, now the sentencing policy of the Legislature appears to be according to the quantity of contraband found from the accused. It is submitted that the substance found falls within intermediary quantity as though it is more than the small quantity but much less than the commercial quantity. It is submitted that the accused came to be arrested on 25th January, 2005 and since then, he is in jail and has not been released on bail. It is, therefore, submitted that he has already completed more than 4 years of imprisonment, the sentence awarded to the accused-appellant may be reduced to sentence already undergone by him.