RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment and order dated 18.10.2011 passed by Special Judge, Panipat, whereby he was convicted under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") in FIR No.575 dated 14.8.2009 under Section 21 of the NDPS Act registered at Police Station Chandni Bagh, Panipat and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) According to the prosecution, the appellant was apprehended on 14.8.2009 and upon the search of the polythene bag held by him in his right hand, 20 grams of smack was recovered.

(3.) This appeal was admitted vide order dated 9.11.2011. Upon a prayer for suspension of sentence, notice was issued to the State of Haryana for today. However, after hearing learned counsel for the parties and with the consent of learned counsel, the main appeal itself is taken on Board.