PREMA ALIAS PREMSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of learned Special Judge, ndps Act cases, Bhilwara, dated 20-9-2001 whereby he convicted the accused appellant prema alias Prem Singh for the offence u/s. 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the Act of 1985" and sentenced him to ten years' rigorous imprisonment and to pay a fine of Rs. one lac and in default, to further undergo six months' additional simple imprisonment.

(2.) THE charge against the accused was that on 18-5-2000 at 3 p. m. , the Checking party headed by S. H. O. , Police Station Phulia kala, District Ajmer, recovered 35 kgs. of poppy straw near Balapura, which he was carrying in "bags" and "katta" on his vehicle tvs Champ No. R114-11m-7895 for which he was having no valid permit or licence. After completing the formalities of taking sample etc. accused was challaned under section 8/15 of the Act of 1985. He was charged by the learned Special Judge accordingly to which he pleaded not guilty. The prosecution examined 16 witnesses. The statement of accused was recorded under section 313, Cr. P. C. He had no defence. After hearing the arguments, the learned special Judge convicted and sentenced the accused in the manner as aforesaid.

(3.) LEARNED Amicus Curiae has not questioned the legality of conviction recorded by the learned Special Judge under Sec. 8/15 of the Act of 1985 on account of accused being found in possession of 35 kgs. of poppy straw but while relying upon the decision of the Hon'ble Supreme Court in Basheer v. State of Kerala reported in 2004 Cri LJ 1418, he has submitted that after the amendment of the principal Act of 1985 with effect from 2-10-2001, the minimum sentence awarded to the accused for ten years' R. I. and a fine of Rs. one lac is very much excessive because the accused is a poor man belonging to agriculturist Community and was a simple carrier of the contraband goods and, therefore, he should be awarded lesser punishment in the light of applicability of the amended provision, which is covered in the present appeal, filed after the Amending Act of 2001.