- (1.) Both the appeals have been preferred by the accused appellant Kalu Lal (one has been filed by post and another has been filed through advocate) against the judgment dated 4.3.2004 passed by Special Judge (NDPS Cases), Baran (District and Sessions Judge, Baran) in sessions case No. 100/2001 whereby the accused appellant has been convicted under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and he has been sentenced to ten years rigorous imprisonment and a fine of rupees one lakh and in default of payment of the fine further rigorous imprisonment for one year.
(2.) Learned Counsel for the appellant submits that he does not challenge the impugned judgment on merits and that his only prayer is that since the appellant has remained in jail for six years and five months, therefore, the sentence of imprisonment may be reduced to the period of imprisonment already undergone by him. He also prays that as the appellant is a poor person the amount of fine be reduced.
(3.) Under Section 15 of the Act as it stood prior to its amendment in 2001, irrespective of quantity of the contraband, the offence was punishable with rigorous imprisonment for a term of not less than ten years and which might extend to twenty years and fine not less than one lakh rupees and which might extend to two lakh rupees. However, after the amendment in 2001 a categorization has been made on the basis of quantity of the contraband recovered as minimum, lesser than commercial and commercial and the extent of punishment is different for each quantity. Section 41(1) of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, is as under: Notwithstanding anything contained in Sub-section (2) of Section 1, all cases pending before the Courts or under investigation at the commencement of this Act shall be disposed of in accordance with the provisions of the principal Act as amended by this Act and accordingly, any person found guilty of any offence punishable under the principal Act, as it stood immediately before such commencement, shall be liable for a punishment which is lesser than the punishment for which he is otherwise liable at the date of the commission of such offence: Provided that nothing in this section shall apply to cases pending in appeal.;