2003 CRI. L. J. 979 ::2004 ChandLR(Civ&Cri) 431 ::(2002) 100 DLT 225 ::(2003) 2 RecCriR 448 ::(2003) 3 AllCriLR 543 ::(2003) 1 ChandCriC 113 ::(2002) 65 DRJ 17 ::(2003) 2 AllIndCas 186 (DEL)

Delhi High Court

Hon'ble Judge(s): J. D. Kapoor , J

(A) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.18— Sentence - Amended provision reducing harshment of punishment coming into force in 2001 - Offence committed in year 1999 - Trial not attained finality in view of pending appeal - Benefit or reduced sentence can be extended to cases where appeals are pending - Since appeal is continuation of trial. (Para 5) (B) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.18(c)— Reduced Sentence - Benefit of amended provisions claimed - Quantity of 1 kg of opium recovered from appellant - Cannot be termed as "Small quantity" against commercial quantity of 2.5 Kg - Appellant cannot claim benefit of Cl. (a) of 18 which prescribe's sentence of six months or fine - However, can claim benefit of sub-cl. (c) of S. 18 - Sentence can be extended to 10 yrs - Appellant already undergone imprisonment of more than 3 years one month - Awarded substantive sentence of 3 years R1 and fine in default. (Para 6 7) .....