2000 (8) TMI 1099

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....ffences under Narcotic Drugs and Psychotropic Substances Act (for short "the Act") 1985. We will refer to them by the rank in which they were referred in the trial court. A.1 -T.Thomson was convicted Under Sections 21 and 25 of the Act and was sentenced to undergo rigorous imprisonment for a period of 20 years each under the above counts besides a fine of Rs. 2 lakhs each under both counts. A.2 -B....

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....n the house then. They were arrested by the raiding party. 3. The evidence mainly rests on the statements recorded from the three appellants separately Under Section 67 of the Act. Ext. P2 is a statement attributed to the first accused, Ext. P3 is attributed to the second accused while Ext. P4 is said to have been given by the third accused. 4. Though arguments have been addressed by Shri. U....

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....t been produced in court. But he conceded that no motion was made on behalf of the appellants to call for the said record. There is no statutory requirement that such a record should be produced in the court as a matter of course. We are, therefore, not disposed to upset the finding on that score either. 6. Sri Sadrul Anam, learned Counsel who argued for the first accused contended that there w....

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....s mainly that the narcotic drug (brown sugar) was only 506 grams and such a quantity does not warrant a sentence of such a harsh dimension. In the peculiar circumstances of these cases, we are also of the view that the sentence can be limited to the minimum period prescribed under the provisions. We, therefore, reduce the sentence to Rl for 10 years and a fine of Rs. 1 lakh Under Section 21 of the....