AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and order of sentence dated 13.09.2010, delivered by Judge, Special Court, Ferozepur. The trial court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 30 kgs of poppy husk). He was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act') and sentenced to undergo RI for three years and to pay a fine of 20,000/-, 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 first offender and has small children and sole bread winner of his family. According to him, in the present case the quantity of poppy husk recovered from the possession of the Appellant is much below the commercial quantity and out of the total sentence of three years awarded to the Appellant, he has undergone 08 months and 07 days by now. Learned Counsel, therefore, prays that keeping in view the fact that he is a first offender and has to support his family and the quanity of contraband recovered from him is below the commercial quantity, the sentence be reduced to the period already undergone by him.