C.M.PRASAD, J.

1. This appeal is against the judgment dated 27.1.2003/ 29.1.2003 (arising out of Brahmpur P.S. Case No. 06/01) whereby the appellant has been convicted under Sec. 20(B) (ii) (C) of the N.D.P.S. Act and sentenced to R.I. for ten years and a fine of rupees one lakh and in default of payment of fine to undergo R.I. for two years.

2. The appellant has been convicted and sentenced with regard to recovery of 90 kgs of ganja from a shop where the appellant was also seen and he tried to flee away but he was apprehended by the police. According to the case of prosecution, the officer-in-charge, Brahmpur P.S., received a secret information that some persons alighted from train with ganja at Raghunathpur Railway Station and in order to move away they were in search of conveyance. On this information, the officer-in-charge, constituted a raiding party and went to shop near the railway station and found some persons were in the shop and that they were trying to flee away but the appellant was apprehended and some others managed to escape away and that on being pointed out by the appellant 90 kgs of ganja kept in three cartoons were recovered from the shop. After performing necessary formalities regarding seizure, the appellant was arrested and sample of seized ganja was sent for chemical examination.

3. As many as five witnesses, including the eye-witness on the point of recovery as well as the l.O. and the chemical examiner were examined. On consideration of the evidence the trial court convicted the appellant and he was sentenced as above.

4. During hearing the learned counsel for the appellant did not challenge the merit of the conviction and he confined his statement on the point of quantum of sentence awarded to the appellant. Since, the merit of the conviction is not being challenged, there was no question to examine this aspect.

5. So far the question of the quantum of sentence is concerned, the learned counsel for the appellant submitted that the appellant was remanded to judicial custody on 10.1.2001 and since then he is continuously in custody and thus he has remained in custody for a period exceeding six years.

6. Learned counsel submitted that the appellant has been convicted under Sec. 20(B) (ii) (C) of the N.D.P.S. Act, 1985 which was amended by Act No. 09/01 which came into effect on 20.10.2001. It was further submitted that prior to this amendment, the Principal Act of N.D.P.S. Act, 1985 was enforced and under the Principal Act, the maximum sentence of R.I. for five years and a fine of Rs. 50000/- only could be awarded to a convict in such case.

7. There appears to be substance in the submission of learned counsel for the appellant. Under Sec. 20(B) of the Principal N.D.P.S. Act of 1985 and the maximum punishment for such offence was maximum R.I. for five years and maximum fine of Rs. 50000/-. Section 20 read as below:-

"Section 20-Punishment for contravention in relation to cannabis plant and cannabis.-Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,

(a) cultivates any cannabis plant; or processes sells, purchases, transports, imports inter-State/exports inter- State or uses cannabis.

(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State-exports inter-State or uses cannabis.

(c) where such contravention relates to ganja or the cultivation of cannabis plant, with rigorous impisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty thousand;

8. Section 20 of the Principal Act 1985 was amended by Act no. 09 of 2001 which came into effect on 2.10.2001. After this amendment the sentence for such offence was enhanced to rigorous imprisonment for a term which shall not be less than ten years which may extend to 20 years and a fine which shall not be less than one lakh and which may extend to rupees two lakhs and that for reasons to be recorded i