SUKHDEV SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and order of sentence dated September 21, 2010, delivered by Judge, Special Court, Muktsar. The trial Court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 250 grams of opium). He was convicted under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for one year and to pay a fine of Rs. 5000/-, in default whereof to further undergo RI for three months.

(2.) Feeling aggrieved against the judgment of the trial court, the Appellant has approached this Court through the instant appeal.

(3.) Learned Counsel for the Appellant states that he is limiting his prayer only to the extent of reduction in the sentence awarded and does not assail the judgment of conviction. Learned Counsel has submitted that the Appellant is a poor man and sole bread winner of his family having two small children. According to him, in the present case the quantity of opium recovered from the possession of the Appellant is much below the commercial quantity and out of the total awarded sentence of one year, by now he has undergone about three months. Learned Counsel, therefore, prays that keeping in view the fact that he is a poor man and has to support his family and the quantity of contraband recovered from him is below the commercial quantity, the sentence be reduced to the period already undergone by him.