DINESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 06.01.2007, passed by Special Judge, Moga, convicting and sentencing the appellant accused (herein referred as 'the appellant') to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein referred as 'the Act').

(2.) THE allegations against the appellant are that on 12.03.2006, he was found in possession of 250 grams smack. He was charged, tried and ultimately convicted and sentenced accordingly.

(3.) HEARD . As per Narcotic Drugs and Psychotropic Substances Amendment Act 9 brought into force on 27.09.2001 provides for less sentence for the offences committed relating to non-commercial quantity. The quantity of smack/heroin, as specified in column No. 56, is noncommercial upto 250 grams. Admittedly, recovery of smack effected from the accused was non-commercial quantity. In view of the Amendment Act, 2001, lesser sentence could be awarded.