KAKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Kaka Singh has filed the instant Criminal Appeal against the judgment of conviction and order of sentence dated 9.11.2001, passed by Judge Special Court, Bathinda, whereby he has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), on account of recovery of 18 Kg of Poppy Husk from his conscious possession and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1 lac and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) Learned Trial Court while convicting the appellant for the aforesaid offence has relied upon prosecution witnesses PW1 to PW3, who have fully supported the prosecution version. According to the Trial Court the evidence led by the prosecution fully establishes the alleged recovery of 18 kg of Poppy Husk from the conscious possession of the appellant. Learned counsel for the appellant could not assail the conviction of the appellant for the alleged recovery of 18kg of Poppy husk from his conscious possession. However, learned counsel argued that in the facts and circumstances of the case, the learned Trial Court has awarded the sentence to the appellant for ten years and fine of Rs.1 lac, which are on very higher side. Learned counsel argued that keeping in view the recovery of only 18 kg of Poppy Husk and the fact that the appellant is a poor person having three children and old parents the Trial Court has awarded excessive punishment to the appellant.

(3.) In this case the recovery of 18 Kg of Poppy Husk falls under Section 15(b) of the Act (lesser than the commercial quantity) and for that the guilty may be punished with rigorous imprisonment for a term which may extend to 10 years and with fine which may extend to one lakh rupees.