JAGSIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jagsir Singh present appellant was nominated as an accused in case FIR No.307 dated 9.9.1998 registered at Police Station Kalanwali under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as, 'the Act'). As per prosecution case, 15 Kgs. of poppy straw was recovered from the appellant.

(2.) Mr.Rahul Vats, learned counsel appearing for the appellant at the out set has stated that he will not assail the recovery and conviction of the appellant. However, he states that in view of the law laid down in Basheer @ N.P.Basheer v. State of Kerala, 2004 1 RCR(Cri) 1008, the quantity recovered is to be treated as a non-commercial quantity and the appellant is to be sentenced under Section 15(B) of the Act. In the present case, the appellant was convicted by the trial Court on 3.10.2001. On 9.10.2001, he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.One lac. In default thereof, to undergo further rigorous imprisonment for two years. In Basheer @ N.P.Basheer's case it has been held as under:-

(3.) Admittedly, in the present case, the appeal was filed after 9.10.2001 when the appellant was sentenced. Mr.Rahul Vats, learned counsel appearing for the appellant has stated that the appellant has preferred this appeal through Jail and subsequently on the application filed by the appellant and the orders passed by a Co-ordinate Bench of this Court, the record of the appeal was reconstructed.