Barkat Ali Zaidi - (1.) -The appellant accused has been convicted in Special Case No. 198 of 1988, under Section 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') vide judgement dated 7.9.1999 by Special Judge (E.C. Act), Basti and sentenced to 12 year R.I. and a fine of Rs. 1,00,000 in default, further imprisonment for two years.
(2.) HE has come in appeal here. Heard Sri Sanjay Kumar Pandey, advocate, for the appellant and Sri N. D. Rai, Addl. Government Advocate, for the State. At the hearing of the appeal, his counsel preferred not to argue the case on merits and confine his arguments on the quantum of sentence. The arguments of the State counsel have also been heard.
(3.) ACCUSED has been convicted to 12 years R.I., while minimum sentence is 10 year. In cases, where the Legislature prescribes the minimum sentence, the Court should normally and usually award the same unless there are aggravating factors which should be recorded.;