ORDER 1. Leave granted. 2. We have heard the learned counsel for the appellant - State of Madhya Pradesh. None has appeared on behalf of the respondent - accused in spite of due service of notice. 3. The respondent - accused was convicted by the learned trial Court under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985("NDPS Act" for short) and sentenced to undergo rigorous imprisonment for five years and fine of Rs. 25,000/-, in default, to undergo additional rigorous imprisonment for one year. The contraband in question is 'ganja' and the total quantity was 1 kg. 100 gms. 4. In appeal by the accused respondent the High Court while upholding the conviction of the accused - respondent altered the sentence to the period undergone which is stated to be about eight (08) months. Aggrieved, the State has come in appeal. 5. Under Section 20(b)(i) and (ii) of the NDPS Act if the contraband (ganja) is less than the small quantity (i.e. 1 kg.) rigorous imprisonment for a term which may extend to one year along with fine is contemplated. If the quantity involved is commercial quantity (i.e. 20 kg. and above) rigorous imprisonment for a term which shall not be less than ten (10) years but which may extend to twenty (20) years along with fine is contemplated. For a quantity less than the commercial quantity but more than the small quantity the sentence contemplated is rigorous imprisonment for a term, which may extend to ten (10) years along with fine. 6. The quantity involved here is 1 kg. 100 gms. and, therefore, is more than the small quantity but less than the commercial quantity. Even if the contraband is less than 1 kg. and is, therefore, small quantity the punishment/sentence may extend to one (01) year. 7. In the above situation we do not think the High Court was right in altering the sentence to the period undergone which was less than one (01) year. What should be the appropriate measure of punishment/ sentence would still be left open for the High Court to decide. We, therefore, set aside the order of the High Court and remand the matter for a fresh consideration as to the quantum of sentence to be imposed on the accused respondent. What should be the appropriate measure of punishment/ sentence would still be left open for the High Court to decide. We, therefore, set aside the order of the High Court and remand the matter for a fresh consideration as to the quantum of sentence to be imposed on the accused respondent. The accused respondent who is not represented shall appear before the High Court may participate in the proceedings before the High Court. Thereafter it is open for the High Court to pass such orders in accordance with law as may be deemed fit and appropriate. 8. The appeal is disposed of in the above terms.