KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence, dated 12.05.2009, passed by the learned Judge, Special Court, Patiala, whereby the appellant was held guilty for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity "NDPS Act") and ordered him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/-; and in default to undergo further rigorous imprisonment for two years.

(2.) At the very outset, learned counsel for the appellant proposes not to challenge the conviction of the appellant, however, he submits that concededly the contraband alleged to have been recovered from the appellant was of non-commercial quantity, therefore, the sentence awarded to the appellant is on higher side and the same deserves to be reduced to the period already undergone by him.

(3.) Learned counsel for the State fairly concedes that 2.5 kg of opium attracts the provision of the non-commercial quantity and as such, the maximum sentence of ten years beside payment of fine of Rs. 1,00,000/- can be awarded to the appellant. He has produced the affidavit of the Deputy Superintendent of Police, Central Jail, Patiala, showing the period of incarceration suffered by the appellant in the present case which is taken on record.