TMI Blog2020 (12) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... ering the fact that the maximum punishment for such offence is 10 years rigorous imprisonment, out of which the appellant has already undergone six years rigorous imprisonment, we allow the present appeal in part and modify the impugned judgment and order passed by the learned trial Court, confirmed by the High Court, to the extent of imposing the sentence of six years rigorous imprisonment in pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 357 of 2015, by which the High Court has dismissed the said appeal preferred by the appellant original accused and has confirmed the judgment and order of conviction passed by the learned Additional Sessions Judge, Kopargaon, convicting the appellant original accused for the offences punishable under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... punishment for commercial quantity is 10 years rigorous imprisonment and above. It is submitted that however for the quantity between small quantity and commercial quantity, the punishment is up to 10 years rigorous imprisonment. 3.1 It is submitted that the appellant has already undergone six years rigorous imprisonment out of ten years rigorous imprisonment imposed by the learned trial court and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rayed not to interfere with the punishment imposed by the learned trial Court, confirmed by the High Court. 5. Having heard the learned Advocates appearing for the respective parties and in the facts and circumstances of the case, more particularly when the quantity/Ganja recovered from the appellant was 6.300 kilogram, which is between small quantity and commercial quantity and considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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