JUDGMENT A.N.Jindal, J 1. Challenge in this appeal is to the judgment dated 06.01.2007, passed by Special Judge, Moga, convicting and sentencing the appellant-accused (herein referred as 'the appellant') to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-under Section 21(c) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (herein referred as 'the Act'). 2. The allegations against the appellant are that on 12.03.2006, he was found in possession of 250 grams smack. He was charged, tried and ultimately convicted and sentenced accordingly. 3. The conviction recorded against the accused has not been assailed. Leniency has been sought on the quantum of sentence. 4. Heard. As per Narcotic Drugs and Psychotropic Substances Amendment Act 9 brought into force on 27.09.2001 provides for less sentence for the offences committed relating to non-commercial quantity. The quantity of smack/heroin, as specified in column No.56, is noncommercial upto 250 grams. Admittedly, recovery of smack effected from the accused was non-commercial quantity. In view of the Amendment Act, 2001, lesser sentence could be awarded. 5. In the wake of aforesaid discussion, this appeal is dismissed with the modification in the sentence which is reduced to 4½ years and fine is reduced to Rs.10,000/-. In default of payment of fine, he would further undergo rigorous imprisonment for six months. 6. Copy of the judgment be sent to Chief Judicial Magistrate, Moga, for compliance.