BIRENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment, of conviction and order of sentence dated 2.4.2005 passed by 1st Additional Sessions Judge, Bettiah in Trial No. 15 of 2001, Both the appellants have been found guilty under Section 20B(2)(c) of the N.D.P.S. Act and have been sentenced to undergo R.I. for ten years and to pay fine of Rs. 1,00,000.00 in default to further undergo R.I. for one year.

(2.) ON 24.4.2001 at 18.30, custom officials of Bettiah on receipt of secret information, raided one orchard and recovered about 100 kgms. of ganja from possession of the appellants. Accordingly, the same was seized in presence of two independent witnesses. Later on, sample was also sent to the, chemical analyst. After receipt of the report, prosecution was launched against both the appellants.

(3.) IN course of the argument, the learned Counsel for the appellants confined his submission only on the point of sentence. He did not challenge the finding of the guilt of the appellants. It has been submitted that the learned court below has seriously erred in awarding the sentence to the appellants. In this case, provisions of Principal Act of N.D.P.S. shall apply in which the maximum sentence under Sec.20 for possession of ganja is only upto five years with fine upto Rs. 50,000/ -. However, the court below has awarded sentence under amended provision which came into force on 2nd October, 2002. It is further submitted that both the appellants have already remained in custody for much more than maximum sentence prescribed under Sec.20B(1) of the Principal Act, 1985.