JUDGMENT Hon’ble B.A. Zaidi, J.—Appellant-accused Jagannath aged now 52 years was held guilty on a charge under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985 and VIth Additional Sessions Judge, Agra by judgment and order dated 4-3-1998 in Special Case No. 233 of 1996 punished him with 10 years R.I. plus fine Rs. 1,00,000/-, in default two years further imprisonment. 2. The facts relating to this appeal are that 450 milligram of Heroine were recovered from the accused-appellant by Police, Police Station Hari Parwat, Agra and the Police after obtaining the report from chemical examiner on the sample of the contraband substance challaned the accused and the trial Judge convicted him thereunder. 3. That is what brings the appellant here in appeal. 4. Heard Sri Azhar Husain, Amicus Curies for the appellant and Sri N.D. Rai, Additional Government Advocate for the State. 5. Since the accused has already spent more than 11 years in jail, the Counsel for the accused was disinclined to argue the appeal on merit and merely pleaded a release because the sentence was heavy. 6. It is true that a minimum sentence has been provided in the old Narcotic Drugs and Psychotropic Substances Act, 1985, which is applicable to the present case, indeed, is a very heavy punishment, even though the amount recovered of contraband article is infinitesimal. The legislature subsequently realized that the minimum punishment provided in the old Act was extremely excessive and that is why under the new Act the minimum sentence was reduced to six months. 7. However, those serving under the old Act are being made to serve the minimum sentence prescribed under the erstwhile Act. The Courts should, therefore, make an effort to reduce the discrepancy, so far it lies within its jurisdiction, and so far the legal parameters permit. 8. In this case the accused-appellant has already spent 11 year and two and a half month in jail, only 9 months and some more days of his sentence, survived. We have, however, a device at hand to reduce the sentence, and that is, the accused was awarded 2 years rigorous imprisonment, in default of payment of fine, which the accused did not pay, we would, therefore, reduce period of sentence, in default of payment of fine to one year and two and a half month, which the appellant has already undergone, so that the accused could be released. 9. Ordered accordingly. 10. The accused-appellant Jagannath Yadav s/o Vijay Singh Yadav shall be released from Central Jail, Agra forthwith. 11. This order be post-haste conveyed by the office to Chief Judicial Magistrate and to Superintendent Central Jail, Agra for information and compliance. The fees of the Amicus Curiae is fixed at Rs. Seven Thousand. ————