DHARMU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.9.2010 passed by Special Judge, Narcotic Drugs and Psychotropic Substances Act, Indore in Special Case No.23/2005. By the impugned judgment, appellant has been found guilty of an offence punishable u/s. 8/21 of the Act and was sentenced to undergo 3 years R.I. with fine of Rs.15,000/ with default stipulation.

(2.) Appellant stands convicted u/s. 8/21 of the Act as 140 gms. of Diazepam was recovered from his possession. There is n dispute that the article seized from the appellant is a narcotic substance. Upon conviction, appellant has been sentenced, as aforesaid.

(3.) The only contention urged is regarding quantum of sentence awarded to appellant. It is submitted that appellant has remained in jail as an under trial for a period of 7 months 19 days and since the date of conviction, he is in jail. Thus, he completed almost 23 months of jail sentence. It is submitted that the jail sentence already undergone by the appellant would meet the ends of justice, hence he should be let off with the aforesaid reduced sentence.