ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced the trial qua commission of offence punishable under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) in FIR No. 41 Dated 20.3.2002, registered at Police Station Murthal. The Trial Court vide impugned judgment/order dated 18.8.2003/21.8.2003 ordered the conviction and sentence of the appellant under Section 18 of the Act. Hence, the present appeal by the appellant.

(2.) Learned counsel for the appellant has not challenged the conviction of the appellant under Section 18 of the Act but has submitted that sentence qua imprisonment of the appellant be reduced to the period already undergone by him. Appellant was the only bread earner of the family and was not a previous convict.

(3.) A perusal of the custody certificate, placed on record by the learned State counsel, reveals that the appellant has undergone about 10 months of actual sentence and is not involved in any other criminal case. As per prosecution case, 470 grams of opium was recovered from the appellant.