Barkat Ali Zaidi - (1.) -Appellant-accused Nirbhay Singh was tried in S.S.T. No. 135 of 2003 on a charge under Section 8/20 'the Narcotic Drugs and Psychotropic Substances Act', 1985 (hereinafter referred to as the 'Act') and the Addl. Sessions Judge, Court No. 10, Agra by judgment and order dated 4.10.2007 found him guilty and sentenced him to undergo rigorous imprisonment for three and a half year and a fine of Rs. 10,000 in default, further imprisonment for two months.
(2.) HE has come from jail in appeal here. Heard Dr. Abida Syed, amicus curiae for the appellant and Mohammad Israil Siddiqui, Addl. Government Advocate, for the State. The counsel for the accused had declined to argue the case on merits and has only argued on the point of sentence.
(3.) THE suggestion from the side of the accused is that the accused has already undergone imprisonment for 3 years one month and 20 days and he may be let off, on the sentence already undergone. She has pleaded that the accused has an old ailing mother to look after, besides his own children, and they are all living in penury and poverty, because the accused-appellant is the only bread earner of the family. Considerations of such nature should not be classified as unjustified, emotional and misplaced sympathy because humanism is also an essential ingredient of justice.;