Law: Control of Narcotic Substances Act (XXV of 1997)

Section: 9(c)

Law: Control of Narcotic Substances (Amendment) Act, 2022

Section: 6

 Control of Narcotic Substances Act (XXV of 1997) S. 9(c)---Control of Narcotic Substances (Amendment) Act (XX of 2022), S. 6---Possession of narcotic substances---Appreciation of evidence---Sentencing policy---Prosecution case was that 3000-grams charas was recovered from the possession of accused---Appellant was arrested on 12.03.2023 and allegedly 3000 grams contraband material viz. Charas was recovered from his possession---Trial Court found appellant guilty of the offence, hence convicted and sentenced him---Admittedly, S.9 of the Control of Narcotic Substances Act, 1997 was amended through Act No XX of 2022 which was assented to by the President on 02.09.2022 and published in Official Gazette on 06.09.2022---Offence of narcotic substances committed after 06.09.2022 was triable under the provisions of amended Act No XX of 2022---Amendment Act XX of 2022 introduced a sentencing policy, wherein the legislature in its wisdom provided a minimum and maximum sentence for quantity of different Narcotic substances---Trial Court convicted the appellant under the provisions of old law, which was not in existence at the time of commission of crime and stood substituted through S.6 of the Amendment Act XX of 2022---Amendment in the Act 1997 through Act No XX of 2022 came into force on 06.09.2022, the date of its publication in official Gazette---Alleged offence was committed on 12.03.2023, thus accused was tried under the amended law and the lowest mandated sentence for possessing contraband charas of quantity in between 1000 grams and 4999 grams under the amended law was imprisonment for nine years and fine of rupees eighty thousand---Trial Court determined that the prosecution had proved the case beyond shadow reasonable of doubt and by taking lenient view awarded conviction of four years' imprisonment which was not tenable under the law---Trial Court had no option but to maintain the quantum of sentence in between nine years and fourteen years with a fine of rupees eighty thousand to four hundred thousand rupees---When law provides alternative punishments for an offence, whether the minimum or maximum prescribed sentence, any sentence in between is to be…