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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL  No(s). 723 OF 2019 (Arising out of (Crl.) No(s).8420 of 2018)

SHYAM PRASHAD                                      Appellant(s)

                               VERSUS

THE STATE OF HIMACHAL PRADESH                      Respondent(s)

J U D G M E N T

BANUMATHI, J.:

Leave granted.

(2) This appeal arises out of judgment and order of the High

Court of Himachal Pradesh at Shimla in Criminal Appeal No.521

of 2015 dated 21st July, 2016 in and by which the High Court has

affirmed the conviction of the appellant under Section 20(b)

(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act,

1985 and also sentence of imprisonment of fifteen years imposed

upon the appellant.  The High Court also affirmed the fine

amount  of  Rs.1,00,000/-  (Rupees  One  Lakh)  and  also  default

sentence of simple imprisonment of one year.

(3) By Order dated 28th September, 2018, notice was issued by

this Court only limited to the quantum of sentence.

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(4) We have heard Mr. Mukesh Jain, learned counsel appearing

for  the  appellant,  and  Ms.  Bihu  Sharma,  learned  counsel

appearing for the respondent-State.  We have also perused the

impugned  judgment  and,  in  particular,  the  statement  of  the

appellant-accused regarding the quantum of sentence.

(5) By perusal of the judgment of the Trial Court, it is seen

that when the appellant-accused on being questioned regarding

quantum of sentence, the appellant prayed for leniency stating

that he is the first-time offender; he is the sole bread earner

of his family; he was then stated to be aged about 42 years; he

is having one daughter to look after; that he was working as

labour with Patel Construction Company at Barshaini and is a

poor person and therefore prayed that lenient view may be taken

while passing the sentence against him.

(6) By perusal of the jail certificate, it appears that the

appellant-accused is in custody since 10th September, 2018.  The

appellant  was  found  to  be  in  possession  of  10.496  kgs.  Of

charas (which is a commercial quantity).  Section 20(b)(ii)(C)

of the N.D.P.S. Act, for possession of the commercial quantity,

prescribes minimum sentence of ten years which may extend to

twenty years and minimum fine amount of Rs.1,00,000/- (Rupees

One Lakh).

(7) Considering the statement of the appellant-accused and the

peculiar facts and circumstances of the case, the sentence of

imprisonment  of  fifteen  years  imposed  upon  the  appellant-

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accused  is  reduced  to  the  statutory  minimum  of  ten  years.

Insofar as the fine amount of Rs.1,00,000/- (Rupees one lakh)

and the default sentence of one year are concerned, they are

maintained.

(8) The appeal is accordingly partly allowed.   

.........................J.                 (R. BANUMATHI)

.........................J.         (R. SUBHASH REDDY)

NEW DELHI, APRIL 23, 2019.