SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and order of sentence dated 11th Feb., 2010, delivered by Special Court, Jalandhar. The trial court after recording the prosecution evidence, came to the conclusion that the accused/appellant was guilty of possession of contraband (i.e. 10 Kgs of poppy husk. He was convicted under Sec. 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for six months and to pay a fine of Rs. 2000.00, in default whereof to further undergo RI for one month.

(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 Crl. Appeal No.591-SB of 2011 does not assail the judgment of conviction. Learned counsel has submitted that the appellant is a poor old man and is the only bread winner of his family. According to him, in the present case the quantity of contraband (poppy husk) recovered from the possession of the appellant is much below the commercial quantity and out of the total awarded sentence of six months, he had already undergone 03 months and 18 days. Learned counsel, therefore, prays that keeping in view the fact that he 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.