ABDUL GAFFAR TOTA PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was one of the three accused tried in Sessions by the learned Additional Sessions Judge at Malegaon for the offence punishable under section 20(b)(i) of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, "NDPS Act") and by the judgment and order dated 27-6-2002 only the petitioner was convicted for the said offence and was sentenced to suffer RI for 10 years and to pay fine of Rs. 1,00,000/-, in default to suffer RI for one year. This order of conviction and sentence was challenged in and the Appeal was dismissed as per the judgment dated 3-11-2003. The petitioner approached the Supreme Court in SLP and it was dismissed on 30-7-2004.

(2.) By this petition filed under Article 226 of the Constitution, the petitioner seeks to invoke inherent powers of this Court under section 482 of Criminal Procedure Code to correct the order of sentence and more particularly, the order dated 3-11-2003 passed by this Court (SB) in . As per the petitioner, section 20(b)(i) as on the date of the offence i.e. 9-1-1998 of NDPS Act, read as under :

(3.) Section 20(b)(i) of the NDPS Act, came to be amended with effect from 2-10-2001 and the amended Act did not state that it was applicable retrospectively. The amended Act enhanced the sentence to ten years and a fine amount to Rs. 1,00,000/-. As on the date of the order of conviction and sentence passed by the trial Court i.e. on 27-6-2002 the amended section 20(b)(i) of the NDPS Act was in force, and it was not pointed out to the trial Court or it was not claimed that the petitioner was required to be sentenced as per the provisions as existed on the date of the offence i.e. 9-1-1998. It is under these circumstances, the learned trial Court, on the basis of the amended Act and as prevailing on 27-6-2002 sentenced the petitioner to suffer RI for ten years and to pay a fine of Rs. 1,00,000/-. When was heard and decided by this Court, there was no specific direction to reduce the period of sentence as well as the amount of fine i.e. the sentence period to be reduced to 5 years and fine amount to Rs. 50,000/-.