of Manrakhan, caste- , aged about 41 years, Occupa oin—bicycle mechanic, resident of Udaipur, P.S. Patan, District Durg, . Vs RESPONDENT State f Chhattisgarh, Through: Police Station Nagarnar, District Bastar PPELLAN AT (In Jaii) Present: Mr. N.K. Singh, Advocate for the appeilant. v Mr. Arun Sao, Government ocate for the respondent-State. (o3 April, zoos) Per Dhirendra Mishra, J; This criminai appeal is directed against the judgment of conviction and order of sen nce dated 30.10.2007 passed in S.T. No.6/07_ whereby learned pecial Judge, N.D.P.S. Act, Bastar at Jagdaipur has convicted the appellant under Section 20 (b) (ii) (B) of the Narcotics Drugs and sy'chotropic Substances Act, 1985 (for brevity ‘the Act’) and sent ced him to undergo R.I. for 2 years and to pay a fine of Rs.5,0 0/-, in default of payment of fine to undergo R.I. for six months Learned counsel for t e appellant does not press his appeal against conviction and mak s submission on the point of sentence only and argues that the ap ellant is the first offender, the quantity of contraband seized from he custody of the appellant is 3.5 kg, he is in jail since the date f incident i.e. from 20.11.2006 angias " '1 i . WW,W,W Wm wt 200 3mm (W) mwm mmiwm WWW ’2'? %af§ma1%¥1 than 16 months ofjail sentence out of imposed on him. He further submits that looking to the poor b ckground of the appellant, sentence of fine of Rs.5,000/- ls too excessive and the appellant may be sentenced for the period al eady undergone by him. On the other hand, l arned counsel for the State opposed the prayer. Taking lnto consider tion the quantity of contraband seized from the appellant, whi is 3.5 kg, and also considering the overall background of the ppellant and that the appellant does not have any criminal anteced nts and he is the first offender, ends of justice would be served if while maintaining the conviction of the appellant under Section 2 (b) (Ii) (B) of the Act, his sentence is reduced to the period alrea y undergone by him. In the result, the ap eal is partly allowed. Convlction of the appellant under Section 2 (b) (ii) (B) of the Narcotics Drugs and Psychotropic Substances A t, 1985 is hereby maintained, however, the sentence of 2 yea such he has completed mo totai jail sentence of 2 ye rigorous imprisonment and fine ofs Rs.5,000/— imposed up him under that section ls hereby modined and'he is senten ed to the period already undergone by hlmt The appellant be set t liberty forthwith, if not required in any other case. Certified copy as per rules. unmENDRA ' Sd/- MlsERA Judge e s r a c o