( 1 ) THIS appeal is directed against the judgment of conviction dated 26. 3. 2001 and order of sentence dated 29. 3. 2001 whereby the appellant was convicted under Section 21 of the NDPS Act and sentenced to undergo ri for 10 years fine of Rs. 1 lakh in default RI for one year.

( 2 ) THE case of prosecution is that on 26. 5. 99 at about 1. 05 p. m. when appellant was apprehended and searched on the basis of secret information he was found in possession of 5 gram of smack. Appropriate charges under Sec. 21 of the NDPS Act were-framed against the accused to which he pleaded not guilty. After considering the evidence led by the prosecution and other material on record, learned Additional Sessions Judge held the charges against the appellant proved and accordingly convicted and sentenced him as stated earlier.

( 3 ) IN appeal learned counsel for the appellant Mr. Sumeet Verma, advocate, has not challenged the conviction of the appellant. He has pleaded for leniency in the matter of sentence in view of amended provisions of section 21 of NDPS Act. This amendment which came into force on 2nd october, 2001, reads as under:-

21. Punishment for contravention in relation to m