1986 (10) TMI 47

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....s statement under Section 108 of the Customs Act was recorded, and there is no difficulty in holding that the Petitioner admitted that he was carrying the heroin on behalf of his friend to a place called Abijan in Nigeria. 2. When the Petitioner was produced before the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, in Criminal Case No. 3/CW/86, he pleaded guilty to the charge under Section 135(1) (a)(ii) of the Customs Act, 1962 read with Sections 13 and 20 of the Dangerous Drugs Act, 1930. On recording his plea, the learned Additional Chief Metropolitan Magistrate was pleased to convict him under those Sections and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 3,000/- and i....

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....ter Act viz. Narcotic Drugs Act was brought into force as from 14th November 1985 and the offence similar to the offences under Sections 13 and 20 of the Dangerous Drugs Act is made punishable under the Narcotic Drugs Act by a minimum term of ten years and maximum twenty years imprisonment. 5. It must be seen that while making the conviction and sentencing the Petitioner, the learned Magistrate has made a reference to this newly extended Act and has made a profused reference as to why a harsh penalty is provided for by the said newly extended Act. Shri Sardar for the Petitioner urged that the learned Magistrate was highly influenced by the new Act in the matter of awarding sentence to the Petitioner; that the penalty provided under the N....