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Learned counsel for the appellant submitted that the leniency shown by the High Court in essence amounts to showing misplaced sympathy. The Act was enacted to curb growing menace of the illicit drug traffic and drug abuse. The factors which weighed with the High Court to reduce sentence had no rationale with the object sought to be achieved by imposing stringent punishments. The prayer therefore was to restore the sentence awarded by the trial Court.

In response, learned counsel for the accused submitted that the legislative intent is clear from the fact that no minimum sentence is prescribed and the sentence to be awarded is discretionary. The Court has power to impose appropriate sentence looking into the facts of a particular case. In the case at hand, the High Court has taken note of several relevant factors in directing reduction of sentence and this is not a fit case where jurisdiction under Article 136 of the Constitution of India, 1950 (in short the 'Constitution') is to be exercised.