His age and his newly acquired job saved Rejo Raphael

PANJIM: His age and his newly acquired job saved Rejo Raphael convicted under NDPS Act from spending six months in prison. And with the state not objecting, in case the sentence imposed against the accused is reduced to the period of detention undergone by the accused, his route to freedom was faster.



Single judge of High Court of Bombay at Goa observed that the sentence should always be proportionate to the crime. "Considering the quantity involved, the age of the accused as well as the employment now secured by him, it would be in the interest of justice in case the period of detention undergone by the accused from November 28, 2003 to September 24, 2004 is considered as substantive sentence imposed upon the accused", the Court stated. In other words, the accused will not be required to undergo any further sentence.



Rejo Raphael had filed a criminal appeal in the High Court after the Trial Court sentenced him undergo R.I. for a term of 3 years and to pay a fine of Rs.15,000/- in default to undergo R.I. for a further term of 2 months under Section 20(b)(ii)(B) of the N.D.P.S. Act, 1985. Raphael was found in possession of 1.17 kgs of ganja and arrested on November 28, 2003 and was in detention for nearly till he was released on bail after a period of 9 months 26 days, on September 24, 2004.



Though the accused didn't contest his conviction, it was submitted that the sentence imposed upon him is rather severe considering his age and the quantity of ganja found with him. On the date of the incident Raphael was 22 years of age.



Counsel for Raphael submitted to the Court that presently the accused is employed as a Marketing Executive and in case the accused is required to undergo the remaining sentence, the same will come in the way of his employment and the accused will loose his newly acquired job.



The single judge Justice NA Britto observed that admittedly, ganja in quantity of less than 1000 gms has been declared to be small quantity and the punishment provided is RI for a term which may extend to 6 months, or with fine, which may extend to Rs.10,000/-, or with both.



The Court further observed that the accused was found with 1.17 kgs, which is little over a small quantity but much less than commercial quantity and for which punishment provided is RI for a term which may extend to 10 years and fine which may extend to Rs.1,00,000.