Barkat Ali Zaidi, J. - (1.) APPELLANT-accused Shahid has been convicted in S.S.T. No. 73 of 2004, under Section 20 (B)(ii)(b) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) by Addl. Sessions Judge, Fast Track Court No. 1, Saharanpur by judgment and order dated 18.6.2005 and sentenced to 6 year R.I. and a fine of Rs.30,000/-, in default, further imprisonment for one year.
(2.) HE has sent this appeal from jail. Heard Sri Shiv Shanker Yadav, Amicus Curiae for the appellant and Sri Sanjay Sharma, Addl. Government Advocate for the State. The counsel for the accusedappellant has confined his arguments on the question of sentence only.
(3.) IT will be seen that the sentence for small quantity of smack provided under the ?Act' is maximum 6 months an a fine of Rs.10,000/-. The proper course to determine the quantity would be to enhance the sentence in proposition to the quantity recovered in excess of the small quantity. To explain the proposition, further if 200 gms. Charas is recovered, the sentence should be similarly enhanced to one year from 6 months and so on. In accordance with the calculation, the sentence which the accused deserves, on basis of recovery of 490 gms. Charas comes, to two and a half year Rigorous imprisonment and a fine of Rs.50,000/-;