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2016 (7) TMI 581 - HC - Indian LawsValidity of Conviction and sentence to suffer rigorous imprisonment for ten years - offence punishable under section 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) - Held that:- It is to be noted that in the present case, the appellants were found in possession of 3 kg and 400 gm of contraband article ‘ganja’. Maximum punishment prescribed for small quantity of 1000 grams of ganja is six months while for possession of commercial quantity of 20 kg or more, punishment prescribed is minimum of 10 years of rigorous imprisonment and fine. Thus, for possession of small and commercial quantity, punishment prescribed is a sentence extending to ten years and fine. However, in case of ganja, the sentence would alter in proportion to the quantity of ganja seized. Thus, there is huge difference between possession of 3 kg and 400 gm of ganja and 20 kg and therefore, in tune with the legislative intent, principle of proportionality between the small and commercial quantity should have been considered by the trial court while imposing sentence. As per the jail record, behaviour of the accused is good. They are also having responsibilities to maintain their family. As they are in jail, entire family is in a helpless condition and passing through a difficult period to survive a living. In view of the above, this Court is of the opinion that interest of justice will be met if the sentence imposed on the applicant is reduced to the period already undergone by the appellants. The appeal is accordingly partly allowed.
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