TRIBHUWAN PRASAD JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and sentence dated 16-1-2004, passed by Fast Track Court No. 1, Motihari in Excise Case No. 29 of 2001. The sole appellant has been convicted under Section 20(B) of the NDPS Act and sentenced to undergo R.I. for ten years with fine of Rs. 1 lac in default to further undergo R.I. for two years.

(2.) On 17-6-2001 at about 10-30 a.m. S.I. Excise Department searched the passengers of Bus No. BRO-6D-9151. This appellant was found in possession of 2 kgs. of ganja. Accordingly, after observing legal formalities and obtaining Chemical analyst report, prosecution was lodged against the appellant. After trial, appellant has been convicted and sentenced in a manner stated above.

(3.) In course of argument, the learned counsel for the appellant confined his submission only on point of sentence. He did not challenge the finding of guilt under Section 20(B) of the NDPS Act, 1985. Submission is that the learned lower Court has committed grave error in awarding sentence of R.I. for ten years and fine of Rs. 1 lac. The ganja was recovered from possession of the appellant on 17-6-2001. On that very date, the Principal Act, 1985 of NDPS. Act was in vogue. The maximum punishment provided under Section 20(B)(1) of the Act for such crime is only five years with maximum fine of Rs. 50,000/- but the learned lower Court has awarded sentence on the basis of Amended Act which came into force much after the alleged date of the occurrence. The appellant has already remained in jail for much more than the maximum sentence provided under the Principal Act being in custody since 17-6-2001.