ANIL VISHWASH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) In the present case, the appellant has been convicted for the offence punishable under Section 20(b) (ii) (C) of the NDPS Act vide judgment dated 23rd July, 2011 in case FIR No. 388/2009, Sessions Case No. 52A/2009, Police Station Hazarat Nizamuddin and vide order on sentence dated 26th July, 2011, the accused/appellant was sentenced to undergo rigorous imprisonment for a period of 15 years and a fine of Rs.1,50,000/- (Rupees One Lac Fifty Thousand) and in case of non payment of fine, he was directed to further undergo simple imprisonment for a period of one year. The appellant was also extended the benefit of Section 428 Cr.P.C. for the period of imprisonment already undergone by him.

(2.) The present appeal has been filed by the appellant challenging the order of conviction and sentence, however, during the course of arguments, learned counsel for the appellant upon instructions of the appellant, who is present in the court in judicial custody has conceded the conviction of the accused/appellant and has argued only on the point of sentence. It is submitted that the accused/appellant is not a previous convict and his family members comprises of his wife and young teenage son and the appellant is the sole bread earner of the family. Learned counsel for the appellant prays to reduce the order on sentence in view of above stated facts.

(3.) Learned Additional Public Prosecutor has argued that high quantity of Charas has been recovered from the possession of the accused/appellant as he was found to be in possession of 22 kgs of Charas which is a very high commercial quantity and the appellant does not deserve any leniency.