RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment and order dated 17.11.2011 passed by Special Judge, Patiala, whereby he has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") in FIR No.418 dated 9.9.2007 registered at Police Station Sadar Patiala and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/- or to undergo further rigorous imprisonment for one month in default of payment of fine.

(2.) According to the prosecution, the appellant was apprehended on 9.9.2007. Upon the search of person of theCrl. Appeal No.2991-SB of 2011 appellant recovery of 30 grams of smack was recovered from the possession of the appellant.

(3.) This appeal was admitted vide order dated 22.11.2011. 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.