JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused -Jasbir Singh, appellant was sent up for trial by the Police of Police Station Samana to face charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') . Vide judgment dated 17.9.2002 passed by the Judge Special Court, Patiala the accused was convicted for an offence under Section 15 of the Act and vide order of even date, he was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-. Hence, the present appeal by the accused-appellant.

(2.) Prosecution case, as noticed by the trial Court in paras No. 2 and 3 of its judgment, is reproduced herein 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 . Learned Counsel has submitted that as per the prosecution case itself, 281/2 kilograms of poppy husk was recovered from the appellantJasbir Singh, whereas, 271/2 kilograms of poppy husk was recovered from co-accused-Pargat Singh, who has since been acquitted. Learned Counsel has further submitted that the appellant has undergone more than six years of actual sentence and his sentence qua imprisonment may be reduced to already undergone by him.