BIRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused-Bira Singh was convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short) vide judgment dated 20.9.2002 passed by the Judge Special Court, Bathinda. Vide order of even date, accused was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/-. Hence, the present appeal by the Appellant-accused.

(2.) The case of the prosecution, as noticed by the trial Court in para 1 of its judgment, is reproduced here in below:

(3.) Learned Counsel for the Appellant, during the course of arguments, has not challenged the conviction of the Appellant under Section 15 of the Act but has submitted that the sentence qua imprisonment of the Appellant may be reduced to already undergone by him. Learned Counsel has also submitted that as per the prosecution case, 8 kilograms of poppy husk was recovered from the possession of the Appellant. Now, the Appellant has undergone about two months of actual sentence. Appellant is the only bread earner of the family and is facing criminal proceedings since the year 1999 and is not involved in any other criminal case.