RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by Sessions Judge, Sangrur on 12.2.2002 whereby the Appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act for being found in possession of one kilogram of opium and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/-and in default of payment of fine, to undergo further rigorous imprisonment for six months. The Appellant was also convicted under Section 15 of the Act for being found in possession of five kilograms of poppy husk and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-and in default of payment of fine, to undergo further rigorous imprisonment for two months.

(2.) According to the prosecution, on 3.4.1997 at about 8.00 p.m., the police party headed by SI Gurwinder Singh stopped truck No. PB-13-B-7725 coming from the side of village Bhatian Kalan, along the metalled road. The truck was being driven by Jaswinder Singh, since a proclaimed offender, whereas the Appellant was the conductor and sitting by the side of the driver. One black coloured bag made of rexine sheet was lying in the lap of the Appellant. The same contained five kilograms of poppy husk and one kilogram of opium.

(3.) Learned Counsel for the Appellant has not challenged the impugned judgment of conviction. However, he has submitted that the Appellant is a first offender. He has been facing the agony of criminal prosecution for the last more than 131/2 years. The contraband recovered from him did not fall within the definition of commercial quantity. He has already undergone a period of about seven months. He is the sole bread earner of his family and in case he is sent behind the bars, once again, for undergoing his remaining sentence of imprisonment, his family would be exposed to hardship. Therefore, the remaining sentence of imprisonment of the Appellant be set aside.