RAMESH KADU DAGDU MEDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Advocate Mr. Sangani for the appellant/accused and learned APR Mr. Mehta for the State.

(2.) THIS is an appeal filed by the original accused No. 1 Ramesh Kadu Dagdu Hedge challenging his conviction under Section 8 (c) r/w 21 of the N. D. P. S. Act by which he was sentenced to suffer R. I. for 10 years and to pay fine of rs. One lakh in default further R. I. for three months.

(3.) MR. Sangani, appearing for the accused, raised only one point in appeal. He had not challenged the conviction of the accused in that sense of term but he contended that as per the charge framed vide Exhibit 2 the accused was found in possession of 45 gms. of heroin valued at Rs. 9000/ -. Mr. Sangani, therefore, contended that the case of the accused is at the most to be found in possession of heroin which is more than small quantity but lesser than commercial quantity and, therefore, as provided by under section 21 (b) of the NDPS Act the punishment to which he is liable was as per the discretion of the Court. What is provided in subsection (b)is, imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees.