KAUSHAL KISHORE @ BELAN Vs. STATE

JUDGEMENT

(1.) The accused appellant has preferred this Appeal against the judgment and order dated 20.09.2005 passed by the Additional Sessions Judge/ Fast Track Court No.6, Banda in Special Sessions Trial No. 34 of 2005 (State Vs. Kaushal Kishore @ Belan) whereby the accused has been awarded punishment under Section 22 of N.D.P.S. Act with 10 years R.I. and fine of Rs. 1,000,00/- and in default of payment of fine to undergo S.I. For six months.

(2.) Brief facts of the case are as follows:

(3.) Learned counsel for the appellant has confined his arguments to the quantum of punishment. According to him, for recovery of 10 gram of smack (heroin) accused- appellant has been awarded 10 years rigorous imprisonment and rupees one lakh fine and in default of payment of fine further 6 months simple imprisonment, which is very harsh punishment and the same needs to be reduced particularly the fine imposed because the accused comes from a poor family. On merits of the case he has not touched any point.