AMARJIT SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is filed by the two accused persons who are convicted for committing offence under sections 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') for a period of ten years rigorous imprisonment by the Special Judge (NDPS Act) and First Additional Sessions Judge, Shivpuri.

(2.) THE brief facts of the case are that both the accused persons were found in possession of 47 kgs of poppy -straw each at Bus -stand, Shivpuri. They were arrested by the police and after investigation the police filed challan against them for committing offence under sections 8/15 of the N.D.P.S. Act and after trial the trial Court convicted them for the said offence and sentenced them as aforesaid.

(3.) AT the time of commission of offence the quantity of Poppy -straw recovered from the possession of the present appellants was more than the commercial quantity. Hence, they were convicted for the offence and sentenced to ten years rigorous imprisonment. At that time the trial Court had no option but to sentence then not less than ten years. However, after amendment now the N.D.P.S. Act provides that a person having in possession of narcotic substance can be convicted for a period which may extend to ten years. Thus, now the ten years sentence is not the maximum sentence and the Court has jurisdiction to impose lesser punishment. For this purpose counsel for the appellants has relied upon the judgment in the case of Ram Singh vs. State of Haryana, 2003(1) EFR 444 in which the Division Bench of the Punjab and Haryana High Court has laid down that said Act No. 9 of 2001 shall be applicable to all cases including the cases pending in appeal in spite of the fact that the offence was committed earlier to the amendment.