KAILASH PORWAL Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) This judgment shall dispose of the aforesaid Criminal Appeal filed by the appellant Kailash Porwal aggrieved of the judgment dated 14.7.2004 in Special Sessions Trial No.73/2002 whereby, the appellant has been convicted under section 8/21(c) read with section 31 of the NDPS Act and has been sentenced to undergo RI for 20 years. He has also been directed to pay fine of Rs.2,00,000/- and in default of payment of fine to suffer RI for 5 years.

(2.) It is claimed by the appellant that he is in custody in this case for a period of 9 years and 17 days. He is also entitled to set off the sentence of 1 year, 11 months and 26 days period, he spent in jail during the pendency of trial.

(3.) Learned counsel for the appellant while addressing arguments in appeal, has not questioned the merits of the judgment except on the point of the quantity seized from him being not a commercial quantity. According to him, if the quantity seized from him is considered not to be commercial quantity then at the most the appellant could have been sentenced to undergo RI for 10 years + one half of the aforesaid sentence i.e. upto additional RI of 5 years besides payment of fine which may extend from Rs.1 lac to Rs.1.5 lacs.