Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---Sentence, enhancement of, petition for---Three kilograms heroin, was recovered from the possession of accused---When three prosecution witnesses had been examined, accused recorded his statement wherein he pleaded guilty to the charge, and left himself at the mercy of the Trial Court requesting for taking lenient view against him---Trial Court, after recording the plea of guilt of accused, while taking lenient view, convicted and sentenced accused under S.9 of Control of Narcotic Substances Act, 1997 to undergo imprisonment for ten months; and to pay a fine of Rs.5000, only with benefit of S.382-B, Cr.P.C.---According to subsection (c) of S.9 of the Control of Narcotic Substances Act, 1997, if the quantity of narcotic drug, would exceed one kilogram, then accused could be awarded sentence of death or imprisonment for life; or imprisonment for term which could extend to fourteen years and would also be liable to fine, which could be up to one million rupees---Said sentence had been squarely left at the discretion of the court, but main point was the judicious exercise of discretion in quantum of sentence---Once, a person, involved in a criminal case, would plead guilty, and placed himself at the mercy of the court, in that eventuality he would become a friend of the court, and the court always took lenient view in respect of his sentence---Extent of such leniency in awarding sentence considering accused as friend of the court, should not be such so as to frustrate the ends of justice and affect the society---Such leniency should be based on judicious scale, keeping in view over all impacts of the crime; because any extraordinary leniency towards accused in the offences, particularly, affecting the society at large could increase the ratio of crimes tremendously---In the present case, huge quantity of 3 kilograms heroin had been recovered---Heroin had not been separated from other narcotics, in Control of Narcotic Substances Act, 1997, keeping in view its severe impact on human body, as it caused many short term and long term affects…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492