2000 INSC 0984
                                        SUPREME COURT OF INDIA

                                            Vajja Srinivasu Alias Srinu

                                                           Vs.

                                                     State of A.P.

                                         (K.T. Thomas and R.P. Sethi JJ.)

                                                      04.09.2000

                                                       ORDER

1. Leave granted.

2. This appeal has been confined to the quantum of sentence. The conviction of the appellant is
under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the
Narcotic Drugs & Psychotropic Substances Act'). The maximum punishment prescribed thereunder,
is rigorous imprisonment for a term which may extend to 5 years and a fine which may extend to
Rs. 50,000/-. But the trial court has imposed imprisonment for a term of two years and a fine of Rs.
3,000/-

3. Learned Counsel for the appellant submits that appellant was aged 21 years when the court
framed charge against him. As the provisions of Probation of Offenders Act are inapplicable to the
offences under the Narcotic Drugs & Psychotropic Substances Act, appellant is disabled from
pleading for application of the beneficial provisions of the Probation of Offenders Act. Learned
Counsel submits that the said disability will not preclude him from pleading for a lesser sentence,
particularly in view of the age factor.

4. Considering all aspects and the fact situation of this case, we think that a sentence of
imprisonment of one year will be sufficient to meet the ends of justice. We, therefore, reduce the
sentence to rigorous imprisonment for one year. The fine part of the sentence will remain
undisturbed. But the default in payment of fine will enure a further period of imprisonment for three
months. The appeal is disposed of according.