- (1.) B. A. Zaidi, J. Appellant-accused Jagannath aged now 52 years' was held guilty on a charge under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985 and Vlth Additional Sessions Judge, Agra by judgment and order dated 4-3-1998 in Special Case No. 233 of 1996 punished him with 10 years' R. I. plus fine Rs. 1,00,000/-, in default two years' further imprisonment.
(2.) THE facts relating to this appeal are that 450 milligram of Heroine were recovered from the accused- appellant by Police, Police Station Hari Parwat, Agra and the Police after obtaining the report from chemical examiner on the sample of the contraband substance challaned the accused and the trial Judge convicted him there under. That is what brings the appellant here in appeal. Heard Sri Azhar Husain, Amicus Curies for the appellant and Sri N. D. Rai, Additional Government Advocate for the State.
(3.) SINCE the accused has already spent more than 11 years in jail, the Coun sel for the accused was disinclined to argue the appeal on merit and merely pleaded a release because the sentence was heavy. It is true that a minimum sentence has been provided in the old Narcotic Drugs and Psychotropic Substances Act, 1985, which is applicable to the present case, indeed, is a very heavy punishment, even though the amount recovered of contraband article is infinitesimal. The legislature subsequently realized that the minimum punishment provided in the old Act was extremely excessive and that is why under the new Act the minimum sentence was reduced to six months.;