- (1.) Leave granted.
(2.) The appellant has been convicted for the offence under Section 21 of the narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') for having been found in possession of four small packets containing brown sugar weighing 370 mg on 31/8/1990. He was convicted by the Sessions Judge, Kozhikode Division and sentenced to undergo rigorous imprisonment for a period of 11 years and to pay a fine of Rs. 1,00,000. 00 (Rupees one lakh) and in default of payment of fine to undergo rigorous imprisonment for a further period of five years. The appeal filed by the appellant against the said conviction and sentence was dismissed by the High court by judgment dated 27/9/1991 with the modification that the sentence was reduced to rigorous imprisonment for ten years and while retaining the fine of Rs. 1,00,000. 00 it is directed that in default of payment he would undergo rigorous imprisonment for a period of two years.
(3.) The only question that has been raised by Shri T. N. Singh, the learned counsel appearing for the appellant, is that the conviction and sentence cannot be sustained since there has been non-compliance with the provisions of Section 50 of the Act which have been held to be mandatory in the recent decisions of this Court in the State of Punjab v. Balbir Singh and Ali Mustaffa Abdul rahman Moosa v. State of Kerala.;