BARKAT ALI ZAIDI, J. - (1.) THIS is a jail appeal of an accused from whom 250 Gramme Charas was recovered. He has been convicted under section 20 of Narcotic Drugs And Psychotropic Substances Act, 1985, referred to as the 'Act', and sentenced to 10 year R.I. and a fine of Rs. 5000/ - by Addl. Sessions Judge, Fast Track Court No. 1, Bijnor, in default further imprisonment for two months by judgment dated 15.9.2006.
(2.) AMICUS Curiae Dr. Abida Syed for the accused has preferred not to argue the case on merits and has confined her argu ­ments 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 Gramme Charas, could be convicted for maximum sentence of 6 months or a fine of Rs. 10,000/ -, an ac ­cused, who is found in possession of more than 100 gramme 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 year R.I. and a fine of Rs. Two Hundred Thousand.
(3.) IT is fair and justifiable, in this cir ­cumstance, to adjust the sentence in confor ­mity with the scheme of sentence in the 'Act' and to fix the quantum of sentence in propor ­tion to the sentence in scheme of the Act.;