Crl.A. 107/2010 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL JUDGMENT AND ORDER (ORAL) Heard Mr. T.Bidyut Bikash, learned counsel for the appellant and Mr. BS Sinha, learned Addl. PP, Assam. 2. With the consent of Mr. Sinha, this appeal is taken up for hearing at th e order stage itself. 3. This appeal is directed against the impugned judgment and order dated 27 .4.10 passed by the learned District & Sessions Judge, Kamrup at Guwahati in Ses sions (Special) Case No.80(K)/07. By this impugned judgment, the appellant has b een convicted under Section 20(b)(ii)((B) of the N.D.P.S. Act and he has been se ntenced to undergo five years rigorous imprisonment and also to pay a fine of Rs . 50,000/-, in default to suffer further rigorous imprisonment for six months. 4. Mr. Bikash, learned counsel for the appellant, submitted that the accus ed has been convicted for possession of only 1.3 Kg. of Ganja and having regard to the small quantity of the narcotic drug, the sentence may be reduced. Learn ed counsel also submitted that the appellant is a married person having children . In view of the aforesaid submission, I am not entering into the merit of the i mpugned judgment. Apparently, the accused was found possessing little above the small quantity of Ganja. 5. Accordingly, the sentence is reduced to 15(fifteen) months. Similarly, t he fine amount is also reduced to Rs. 3,000/-(Rupees three thousand), in default of payment of fine, the appellant would undergo further rigorous imprisonment f or three months. With the aforesaid modification in the sentence, this appeal st ands dismissed. 6. Registry is directed to return the LCRs with a copy of this judgment and the trial court shall issue modified custody warrant.