JUDGMENT The present revision petition is against the judgment dated 30th January, 1992, delivered by the Additional Sessions Judge, Mahendragarh, in Criminal Appeal No. 56/91 arising out of the judgment dated 3rd July, 1991, delivered by the Additional Chief Judicial Magistrate, Mahendragarh, in Criminal Case No. 969/89. According to the prosecution case, Ganja was recovered on 31.5.1986 from the possession of the applicant and on the basis of report of Excise Sub-Inspector Shri B.K. Singh (P.W. 1), the applicant was prosecuted for offence punishable under sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), 1985, as well as section 34 (a) of the M.P. Excise Act, 1915. The trial Magistrate sentenced the applicant-accused for one year's R.I. under cach section and a fine of Rs. 1,000/- for the first offence and Rs. 500/for the second offence was imposed; in default of payment of fines, the accused was to undergo further R.I. for 3 months and 2 months respectively. On appeal, the lower appellate Court held the applicant-accused guilty and convicted him under sections 8/20 of the Act and section 34( a) of the Excise Act, 1915 and the sentence passed by the trial Magistrate under the Act was upheld. However, no separate punishment under section 34 (a) of the Excise Act was imposed. The applicant in the present case has submitted that the provisions of section 8/20 of the Act are not applicable in this case. According to the applicant, Ganja was not included in Act till the notification dated 29.5.1989 as per first proviso to section 8 of the Act. However, applicant only prays for reduction of sentence and does not press any other point. As provided in the first proviso to section 8 of the Act, the prohibition against the possession of Ganja was to take place only from the date which the Central Government notified in the Official Gazette dated 30th May, 1989, whereby the date specified for prohibition against production, possession, use, consumption, sale, transport, warehousing etc. of Ganja was with effect from 13th December, 1989. Therefore, admittedly, the date on which the Ganja was seized from the applicant does not fall within the said Act. of Ganja was with effect from 13th December, 1989. Therefore, admittedly, the date on which the Ganja was seized from the applicant does not fall within the said Act. However, it was an offence under section 34 (a) of the M.P. Excise Act, which is punishable for imprisonment for a term which may extend to one year or with fine, which shall not be less than two hundred rupees but which may extend to two thousand rupees. But without entering into the effect of inclusion of Ganja in the Narcotic Act from a particular date, the jail sentence passed against the applicant-accused is reduced to six months only instead of one year. The sentence of fine shall remain the same. With the above modification in the sentence, the revision petition is partly allowed.