MUKHTIAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and order of sentence dated 16th May, 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. 6 Kgs of poppy husk). He was convicted under Section 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.1000/-, 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 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 poor person and his two sons and wife are dependent upon him. 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 has already undergone 04 months and 04 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.