GYAN CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is directed against impugned judgment and order dated 27.11.2007 passed by Special Judge, N.D.P.S. Cases, Baran in Sessions Case No. 132/2005, whereby the appellant has been convicted and sentenced under Section 8/18 of The Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as 'the NDPS Act') to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo one year additional rigorous imprisonment.

(3.) LEARNED Public Prosecutor defended the impugned judgment and order passed by the trial court, but so far as interpretation of definition of "commercial quantity", taken by Larger Bench of Himachal Pradesh High Court in Ratto Vs. State of H.P.(supra) case, which has been followed by this Court also in Chanda Soni @ Pushpa(Smt.) Vs. State of Rajasthan(supra) case is concerned, he fairly and frankly submitted that 2.5 Kg. opium cannot be said to be commercial quantity, therefore, minimum sentence of 10 years rigorous imprisonment in the present case is not attracted.