SUKHDEV SINGH Vs. STATE OF UTTARANCHAL (NOW UTTARAKHAND)

JUDGEMENT

(1.) Convict Sukhdev Singh has preferred the instant appeal against the judgment and order dated 21.5.2003 rendered by learned Additional Sessions Judge, Udham Singh Nagar. He was found in possession of 10 kilograms of poppy straw wherefor he was convicted for two years rigorous imprisonment with fine of Rs.2,000/- u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as the Act).

(2.) Learned Senior Counsel on behalf of the appellant has apprised the Court that the convict is now totally paralyzed, and is in a very pathetic condition in prison. So, she does not want to press the appeal on merits and only seeks clemency of the Court on the quantum of punishment.

(3.) The quantity which was allegedly recovered from the possession of appellant is neither commercial and even nor the small one, hence the punishment is covered u/s 18(c) of the Act, wherein no minimum sentence has been prescribed.