DINESHPALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of present appeal, challenge has been made to the judgment of conviction dtd. 6/8/2016 and order of sentence dtd. 8/8/2016 passed by the court of learned Judge Special Court, Sonepat, whereby, appellant was convicted under Sec. 15(b) of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for a period of four year and to pay fine of Rs.30,000.00 or in default to further undergo rigorous imprisonment for a period of three month.

(2.) Facts of the case are that the appellant was arrayed as accused in FIR No.245 dtd. 1/9/2013, under Sec. 15(b) of the NDPS Act, 1985 registered at Police Station Murthal, Sonepat, for having possessed 6 Kg Poppy Straw. On the basis of the evidence recorded, learned trial Court convicted and sentenced the appellant as mentioned in para 1 above vide impugned judgment/order.

(3.) At the very outset, learned counsel for the appellant submits that he restricts his prayer only qua reduction of sentence awarded and does not challenge the judgment of conviction on merits. It has been contended that out of four years of his sentence, the appellant has already undergone actual sentence of 05 months and 5 days. He further submits that there is no other case registered against the appellant and the contraband recovered from the appellant is of intermediate quantity.