NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment of conviction and order of sentence dated 10th October, 2009, delivered by Special Court, Tarn Taran. The trial court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 40 Kgs of poppy husk). He was convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for four years and to pay a fine of Rs. 20,000/ -, in default whereof to further undergo RI for one year.

(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 dated 14th March, 2011 of the Superintendent, Central Jail, Amritsar, according to which the Appellant had undergone 01 year 05 months and 03 days of sentence as on 13.3.2011. 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.