RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) MR. KAPIL Aggarwal has stated that the appellant has undergone 5 years 3 months and 15 days of sentence for a meagre recovery of 10. 5 Kgs of poppy husk, which according to him, after amendment of the Narcotic Drugs and psychotropic Substances Act (in short to be referred to 'the Act') is a non-commercial quantity. He has further stated that after amendment of the Act, persons who were seized with such meagre recovery, are normally awarded one year or six month's sentence, whereas the appellant has undergone more than five years.

(2.) I am not impressed with this argument as the provisions of the amended Act cannot be applied retrospectively. Therefore, sh. Kapil Aggarwal, learned counsel for the appellant, was called upon to address arguments on merits.

(3.) APPELLANT Raj Kumar is being prosecuted in case FIR No. 56 dated 26. 1. 1997 by the police of police station GRP faridabad.