AMAR SINGH @ AMRIK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal lays challenge to the judgment of conviction and order of sentence dated 7.3.2014 passed by the Judge Special Court, Karnal whereby the appellant has been convicted for commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act") for keeping in possession 100 grams of opium and sentenced to rigorous imprisonment for a period of one year and fine of Rs.5000/- with default stipulation.

(2.) The allegations against the appellant are that on 26.9.2011, ASI Jai Narain along with a police party apprehended the appellant at T-point, Dachar turn, Nissing. On search of the accused, opium wrapped in a polythene was recovered from the right pocket of his white shirt. Two samples of 5 grams each were separated and the residue weighing 90 grams was sealed separately and taken into police possession. Ruqa was sent to police station on the basis whereof formal FIR was registered. On receipt of report of the chemical examiner and completion of investigation, challan was presented in the Court.

(3.) After due compliance with the procedure and conclusion of trial, the appellant has been convicted and sentenced, detailed hereinbefore. Feeling dissatisfied with the verdict of the learned trial court the instant appeal was preferred by Amar Singh @ Amrik Singh. Counsel for the appellant is fair enough to concede that there is no substantial ground to assail the findings recorded by the learned trial court. However, it is submitted that the appellant is neither a previous convict nor any other case under the Act was registered against him much less pending. It is prayed that the substantive sentence awarded to the appellant may be reduced to the period already undergone as he has suffered custody for a period of 08 months and 25 days out of rigorous imprisonment for one year.