VIJAY SHAH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed to challenge the judgment dated 06.11.2006 passed by the Judge, Special Court, Amritsar, whereby, the accused -appellant has been convicted for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after referred to as 'the Act, 1985) and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.one lac with default clause.

(2.) BRIEFLY , the facts of the prosecution version are that the accused -appellant was apprehended by the police while carrying a bag on his shoulder. The search was conducted in the presence of an independent witness, namely, Ashok Kumar after giving option to the accused. The recovery effected from the appellant was 01 kg. of charas. The appellant faced trial and ultimately, he was convicted and sentenced for the offence as mentioned above.

(3.) THE judgment of conviction and order of sentence passed by the trial Court is subject matter of challenge in the present appeal. Apart from the other arguments, learned counsel for the appellant has emphasized his argument that the alleged recovery of charas from the appellant was 01 kg., whereas, as per entry at Serial No.23 in the notification, it comes in the category of small quantity. Learned counsel also submits that as per Section 2(vii)(a) of the Act, 1985, the commercial quantity is greater than the quantity specified in the notification. Keeping in view the recovery, it was a case of non -commercial quantity but the appellant has been convicted and sentenced by considering it as a commercial quantity.