Cr. Appeal No. 356 of 1999 16.09.2010 Present: Mr. Vivek Thakur, Addl. Advocate General with Mr. Rajesh Mandhotra, Dy.A.G. for the appellant. Mr. Dharamveer Sharma, Advocate with Mr. Ravinder Thakur, Advocate, for the respondent. The accused/convict is present in person. We have heard Sh. Dharamveer Sharma and Sh. Ravinder Thakur, learned counsel for the convict. On behalf of the convict it is submitted that he is a permanent patient suffering from acute asthma. He has aged parents to maintain. It is also submitted that the convict is the sole bread earner of his family and in addition to his old parents he has a young daughter of marriageable age. It is also submitted that he spent 7 months and 8 days in prison during trial. It is contended on behalf of the accused that the period undergone in prison may be treated to be the substantive substance. 2. We have given considerable consideration to the submissions made on behalf of the convict. In this case the convict has been found guilt of carrying contraband i.e. Charas weighing 1 k.g. 250 grams. Though the offence took place prior to the amendment of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Amendment Act No. 9 of 2001 but even if we give him benefit of the more liberal provisions of the amended Act then also the offence committed would be in respect of 418.75 grams of Charas. This in our opinion, though not a commercial quantity, is a sufficiently large quantity. This quantity was obviously not meant for self consumption but was meant for trade. On the other hand we cannot loose sight of the fact that the convict was in jail for 7 months and 8 days during trial. The convict is also not at fault for the eleven long -2- years it has taken to decide this appeal. 3. Keeping in view all these facts and circumstances we feel that the interest of justice shall be met in case the convict is directed to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 50,000/- (Rupees fifty thousand only). In default of payment of fine he shall undergo rigorous imprisonment for six months. The period of incarceration undergone shall be adjusted against this period. The convict is directed to surrender and undergo the sentence. Registry is directed to hand over a copy of this order and certified copy of the judgment to the convict during the course of the day. (Deepak Gupta), Judge. (Sanjay Karol), Judge. September 16, 2010 (PK)