CRIMINAL APPEAL No.91 OF 1998 In the matter of an application under Section 374(2) & 389(1) of the Code of Criminal Procedure against the judgment and order dated 24.1.1998, passed by Shri Ajay Kumar Sriwastwa, Additional Sessions Judge, 1st, Rohtas at Sasaram. KALI PANDEY @ SHRI KALI PANDEY, son of Jagdish Pandey, resident of village- Sakardiha, Police Station- Koilwar, District- Bhojpur. ----(Appellant) Versus THE STATE OF BIHAR ----------Respondent For the Appellant :- Mr. Vikram Deo Singh, Advocate For the State :- Mr. R.N. Jha, Advocate P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. This appeal has been filed for setting aside the order and judgment dated 24.1.1998 passed by the Additional Sessions Judge, 1st, Rohtas at Sasaram in G.R. Case No. 905 of 1992 convicting the appellant under Section 20(1)(b) of the Narcotic Drug and Psychotropic Substance Act. The allegation is that 1500 grams of ‘Ganja’ was recovered from the appellant. The seizure list was prepared in the presence of two independent witnesses Surendra Sah and Satya Narayan Sah. In this case four witnesses have been examined. All are police witnesses 2 and the seizure list witnesses have not been examined at all. For the purpose of deciding this case, two points have been raised by the learned counsel for the appellant. Firstly, that since the independent seizure list witnesses have not been examined to substantiate the seizure, the seizure becomes doubtful and secondly, it is submitted that in any event only 1500 grams of ‘Ganja’ was recovered from the appellant which is slightly greater than the small quantity allowed under the Act which is 1000 grams, it is submitted that the appellant has been adequately punished for he has already remained in custody for 1½ years. Considering the fact that quantity of ‘Ganja’ was very small and the appellant has remained in custody for 1½ years, I alter the sentence and conviction to the period undergone. The appellant is discharged from his bail bond. The appeal is allowed. Patna High Court April 9th, 2009 Sanjay (Sheema Ali Khan, J.)