BALWANT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment of conviction and order of sentence dated 20th January, 2011, delivered by Special Judge, Moga. The trial Court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 25 Kgs 250 grams of poppy husk). He was convicted under Section 15(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo RI for nine months and to pay a fine of Rs. 1,000/ -, in default whereof to further undergo RI for two months.

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

(3.) LEARNED State counsel has placed on record a reply by way of affidavit of the Superintendent, Central Jail, Ferozepur, according to which the Appellant had undergone 03 months and 25 days of sentence as on 19.4.2011. He submits that in case conviction of the Appellant is maintained, the court may reduce the sentence as deemed appropriate in the circumstances of the case.