SUKHMANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appellant Sukhmander Singh was tried by the court of the Special Judge, Moga, for an offence under Section 15 of the NDPS Act on the allegation that on 9.7.2007, he was found in illegal possession of 34 kgs. of poppy husk without any permit or licence.

(2.) The learned Special Judge, Moga, on appreciation of evidence adduced on record, vide the impugned judgment and order dated 17.8.2010 held the appellant-accused guilty and accordingly, convicted him under Section 15(b) of the NDPS Act and sentenced him to undergo rigorous imprisonment of 1 ¼ year and to pay a fine of Rs.2500/- and in default of payment of fine, to further undergo RI for 1 ¼ month. Hence, the present appeal by him.

(3.) . I have heard the learned counsel for the parties. Counsel for the appellant has not touched the case on merits and prays for only reduction of sentence of the accused-appellant. The appellant is stated to have already undergone substantial part of the sentence out of the total sentence of 15 months and has suffered the agony of protracted trial for 3 years and that no previous antecedents have been brought to surface so as to condemn him as habitual offender. His counsel has left him at the mercy of the Court.