MALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Malwinder Singh has filed this revision petition against State of Punjab respondent under Section 401 Cr.P.C. challenging the judgment dated 21.08.2014 passed by learned Addl. Sessions Judge, Amritsar vide which the appeal against the judgment of conviction dated 16.11.2011 and order of sentence dated 18.11.2011 passed by learned Chief Judicial Magistrate, Amritsar has been partly allowed.

(2.) It is mainly stated in the revision petition that vide judgment of conviction dated 16.11.2011 and order of sentence dated 18.11.2011 passed by learned CJM, Amritsar, the present petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of one year and six months and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months under Section 18-C read with Section 27(b) (ii) of the Drugs and Cosmetics Act, 1940 and to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for a period of ten days under Section 18-A read with Section 28 of the Drugs and Cosmetics Act, 1940. The petitioner was further sentenced to undergo rigorous imprisonment for a period of one month under Section 175 IPC. All the sentences were ordered to run concurrently.

(3.) An appeal was filed against the above-said judgment and order and the same was partly allowed and conviction of the present petitioner under Section 175 IPC was set aside by learned Addl. Sessions Judge, Amritsar vide judgment dated 21.08.2014 but the sentences of the petitioner under Section 18-C read with Section 27 (b) (ii) and Section 18-A read with Section 28 of the Drugs and Cosmetics Act, 1940 were maintained.