VIDYA DHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment and order dated 13/15.9.2003 passed by the Additional Sessions Judge, Fatehabad whereby he was convicted under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) According to the prosecution, the appellant was apprehended on suspicion on 23.9.2000 by a police party headed by Inspector Rajinder Singh. The search of the bag carried by the appellant led to recovery of one kg of opium. Learned counsel for the appellant has not challenged the conviction of the appellant under Section 18(c) of the Act. He has, however, submitted that the appellant remained in jail throughout the trial of the case. Subsequent to his conviction and sentence by the trial Court, he was granted the concession of bail by this Court on 2.12.2003. Therefore, the appellant has already undergone an actual sentence of more than three years and two months. It is also submitted that the appellant is the only bread earner of his family. He has been facing the agony of criminal prosecution for the last more than fourteen years. He has already undergone substantial part of the sentence of imprisonment imposed upon him. Since his release on bail pursuant to the order dated 2.12.2003 passed by this Court, he has not misused the concession. Prayer has, accordingly, been made for setting aside the remaining sentence of imprisonment imposed upon the appellant.

(3.) Learned State counsel has vehemently opposed the prayer made on behalf of the appellant by submitting that the appellant was found in possession of huge quantity of the narcotic drugs i.e. opium. He has also submitted that the menace of drugs is on the increase and needs to be curbed with a heavy hand.