Lalit alias Kalliya vs State of U.P.

Barkat Ali Zaidi, J.—This is a jail appeal of an accused from whom 250 gramme charas was recovered. He has been convicted u/s 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, referred to as the ''Act'', and sentenced to 10 years R.I. and a fine of Rs. 5,000 by Addl. Sessions Judge, Fast Track Court No. 1, Bijnor, in default further imprisonment for two months by judgment dated 15.9.2006.

Amicus curiae Dr. Abida Syed for the accused has preferred not to argue the case on merits and has confined her arguments only on the point of sentence. Mohd. Israil Siddiqui, Addl. Government Counsel for the State has also been heard.

The scheme of the ''Act'', 1985 is that the accused who has been found in possession of 100 grammes charas, could be convicted for maximum sentence of 6 months or a fine of Rs. 10,000 an accused, who is found in possession of more than 100 grammes of charas upto 1 kg., could be sentenced to a term of 10 year R.I. and a fine of rupees hundred thousand and an accused who is found with more than 1 kg. of charas can be convicted to a term of 20 years R.I. and a fine of Rs. two hundred thousand.

It is fair and justifiable, in this circumstance, to adjust the sentence in conformity with the scheme of sentence in the ''Act'' and to fix the quantum of sentence in proportion to the sentence in scheme of the Act.

Since 250 Grammes charas has been recovered from the accused, it is 1/4th of the maximum prescribed sentence, which comes to two and half years and it would, therefore, be just and equitable, to determine the quantum of sentence to two and half years. The accused has also been sentenced to a fine of Rs. 5,000 and in default, 2 months simple imprisonment, which stands.

Appeal decided accordingly.

The fee of the amicus curiae is fixed as rupees seven thousand.