JOGINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment and order dated 3.11.2011 passed by Special Judge, Jalandhar, whereby he was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") in FIR No.298 dated 7.9.2009, under Section 15 of the NDPS Act registered at Police Station Maqsudan and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) According to the case of the prosecution, the appellant was apprehended on 7.9.2009 and upon the search of the plastic bag being carried by him on his scooter, 7 kgs of poppy husk was recovered.

(3.) This appeal was admitted vide order dated 18.11.2011. Upon a prayer for suspension of sentence, notice was issued to the State of Punjab. However, after hearing learned counsel for the parties and with the consent of learned counsel, the main appeal itself is taken on Board.