BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Balwinder Singh, the appellant has been convicted for an offence punishable under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") by the court of Judge, Special Court, Sri Muktsar Sahib vide judgment dated 22.3.2013 in a case registered by way of FIR No. 66 dated 3.5.2008 at Police Station Sadar Malout. He has been sentenced to undergo rigorous imprisonment for a period of 5 months and to pay a fine of Rs.3,000/- with further rigorous imprisonment for a period of 1 month in default of payment of fine.

(2.) The prosecution case against the appellant is that on 3.5.2008, the appellant was apprehended while he was having in his possession 8 Kg. of poppy husk.

(3.) Mr. S.S.Rana, learned counsel for the appellant does not challenge the judgment of conviction of the appellant. He only prays to be heard on quantum of sentence. According to him, the appellant has no previous conviction to his discredit. According to him, the occurrence took place on 3.5.2008 and a period of more than 5 years has passed since then. He has further submitted that the appellant is facing the pangs of protracted trial and appeal for the last more than 5 years and this is sufficient punishment for him. According to him, the appellant has undergone 3 months and 4 days of actual sentence out of the total sentence of 5 months awarded to the appellant.