2004 INSC 0693
                   SUPREME COURT OF INDIA

                   Adul Salam Yusuf Sheikh

                                              Vs.

                                      State of Gujarat

                   (K.G. Balakrishnan and Dr. A.R. Lakshmanan JJ.)

                                           07.07.2004

                                           ORDER

The Order of the Court is as follows

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appellant was found guilty for the offence punishable under Section 22 of the
Narcotics Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo
rigorous imprisonment for a period of twelve years and to pay a fine of rupees one lakh, in
default of fine to undergo further imprisonment for one year. The counsel for the appellant
submits that in view of the amendment of the provision, for keeping in possession of smaller
quantity, lesser punishment could have been awarded. But this is not applicable to the
appellant as the appeal was pending at the time of commencement of the amended provision.
The appellant was found in possession of 430 grams of 'Charas' and it is submitted that he
has undergone imprisonment for fairly long period.

4. Having regard to the facts and circumstances, we hold that the imprisonment of 10 years
would be sufficient to meet the ends of justice. Therefore, we reduce the sentence of
imprisonment from 12 years to 10 years. As regards fine we do not interfere with the same.

5. The appeal is accordingly disposed of.

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