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TMI Blog2015 (8) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... or committed – Offence relating to narcotic drugs or psychotropic substances were more heinous than culpable homicide because latter affects only individual while former affects and leaves its deleterious impact on society – In view of said observation, present court would fail in duty, if offenders such as appellant, were shown any leniency in matter of sentence – Thus, impugned order of conviction upheld – Decided against appellant. - CRL.A. No. 670/2015 - - - Dated:- 3-8-2015 - Siddharth Mridul, J. For the Appellant : Mr. Vikas Gautam, Adv For the Respondent : Mr. Mohit Arora, Adv for Mr. B.S. Arora, SPP ORDER Siddharth Mridul, J (Oral) 1. The present is an appeal under section 374 Cr.P.C. assailing the order on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l appearing on behalf of Narcotics Control Bureau has invited my attention to a decision of the Supreme Court in Union of India vs. Kuldeep Singh reported as (2004) 2 SCC 590 to urge that no leniency should be shown to the appellant. Counsel appearing on behalf of the Narcotics Control Bureau has also invited my attention to a report of the United Nations Office of Drugs and Crime to urge that the controlled substance which the appellant admitted to have been carrying has become a source of making Methamphetamine which is a matter of grave concern owing to its endangering public health, particularly, since Methamphetamine is the cheapest narcotic available in developing countries like India. 6. In the present case, it is observed that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and per se require exemplary treatment. Any liberal attitude by imposing meager sentences or taking too sympathetic view merely on account of lapse of time or personal inconveniences in respect of such offences will be result-wise counter productive in the long run and against societal interest which needs to be cared for and strengthened by string of deterrence inbuilt in the sentencing system. 15. In Dhananjay Chatterjee v. State of W.B.: (1994) 2 SCC 220: 1994 (3) RCR (Cr.) 359 (SC), this Court has observed that shockingly large, number of criminals go unpunished thereby increasingly, encouraging the criminals and in the ultimate making justice suffer by weakening the system's creditability. The imposition of appropriate punish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legislature intended to make the offences under the Act so serious to be dealt with sternly and with an iron hand is made clear by providing for enhanced penalties, including even death sentence, in certain class of cases, when convicted for the second time. 18. It is true as contended by learned counsel for the respondent-accused that no minimum sentence is prescribed, but the sentence imposed should fit in with the gravity of offence committed but in the teeth of the other indications in the enactment, mere absence of a provision for minimum sentence is no reason or justification to treat the offences under the Act as any less serious as assumed by the High Court. It was highlighted by learned counsel for the respondent that the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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