A. S. TRIPATHI, J. ( 1 ) THIS appeal has been preferred against the judgment and order dated 29-9-1994 passed by the Session, Judge, Vidisha, convicting the appellant under Section 8120 (B) (1) of the Narcotic Drugs and Psychotropic Substances Act and sentencing him to R. I. for three years and a fine of Rs. 500/ -. ( 2 ) THE appellant has deposited the fine amount. According to the prosecution, the appellant was found in possession of four kilograms of Ganja. The seizure memo was prepared at the time of seizure. After investigation the challan was submitted, the charges were framed against the appellant and he was tried. The prosecution had examined P. W. 1 Jitendra Tiwari, who is a witness of recovery, P. W. 2 Manoj, who is also a witness of recovery and P. W. 3, who is T. I. and made a seizure ( 3 ) THE trial court accepted the prosecution evidence and found the recovery to be genuine and the seizure memo was proved on record. The prosecution evidence was accepted by the trial court and the appellant was convicted and sentenced as mentioned above. ( 4 ) AFTER hearing the learned counsel for the appellant and the State and on perusal of the record, the learned counsel for the appellant did not press this appeal on merits. He simply prayed that the appellant had already served the jail sentence of 1-1/2 years and it was his first offence, the period already undergone be taken to be sufficient. He also urged that the appellant is an old man of 63 years of age and taking this fact into consideration the appellant having already served 11 years of jail sentence, the same will be taken to be sufficient punishment under Section 8/20 (B) (1) of the Narcotic Drugs and Peychotoropic Substances Act. ( 5 ) THE learned counsel for the State admitted that it was a first offence of the appellant. He was not involved in any case. Under Section 20 of the Narcotic Drugs and Peychotropic Substances Act, the punishment provided in clause (b), subsection (1) was five years R. I. , in case of possession of the Ganja without licence. The trial court awarded the sentence of R. I. for three years and a fine of Rs. 500/ -. The fine amount has been deposited. Under Section 20 of the Narcotic Drugs and Peychotropic Substances Act, the punishment provided in clause (b), subsection (1) was five years R. I. , in case of possession of the Ganja without licence. The trial court awarded the sentence of R. I. for three years and a fine of Rs. 500/ -. The fine amount has been deposited. The three years imprisonment awarded was no doubt justified on record, but since the appellant is an old man of 63 years of age, his prayer for reducing the sentence is accepted. The appellant had already served jail sentence of more than 11 years and since it is his first offence, the period already undergone is accepted as sufficient. ( 6 ) IT is directed that the appellant having already served the jail sentence of 11 years be released forthwith, if not wanted in any case. Except the modification in the sentence as mentioned above, the appeal is dismissed. Appeal dismissed with modification in sentence. .