AMRIT SINGH ALIAS SONI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and order of sentence dated 3rd February, 2011, delivered by Judge, Special Court, Patiala. 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 grams smack). He was convicted under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for 1 years and to pay a fine of Rs.2000/-, 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 does not want to assail the judgment of conviction. Learned counsel has submitted that the appellant is a poor person and sole bread winner of his family. According to him, in the present case the quantity of smack recovered from the possession of the appellant is much below the commercial quantity and out of the total awarded sentence of 1 years, he has by now undergone 08 months and 15 days. He has placed reliance on the custody certificate dated 28.4.2011 issued by Superintendent, Central Jail, Patiala which is already on record, according to which, the appellant had undergone 04 months and 20 days of sentence as on 26.4.2011. 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.