SAMRAT SHARMA ALIAS SANJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') is directed against judgment/order dated 15.3.2013 passed by the learned Judge, Special Court, Bathinda (for short,'trial Court') convicting and sentencing the appellant to rigorous imprisonment for 2 years and fine amounting to Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 3 months, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act,1985(for short,'the NDPS Act'). State is contesting the appeal. Allegation against the appellant is that he was found in possession of smack weighing 90 grams without any permit or licence.

(2.) Learned counsel for the appellant at the very outset submits that he has nothing to say as regards the findings of conviction recorded by the learned trial Court but the appellant may be shown some leniency as regards quantum of sentence. Learned counsel has further submitted that the appellant is aged 33 years, is married, has an un-earning wife, a minor son and old parents to look after. It is also submitted by him that the appellant has already spent one year, one month and six days in custody.

(3.) This fact is not disputed by the learned State counsel. In the above circumstances coupled with the fact that the appellant has been facing agony of investigation, trial and consequent proceedings since the year 2008, the findings of conviction as recorded by the trial Court are maintained and affirmed but order of sentence is modified and substantive sentence awarded to the appellant is reduced to the period already spent by him in custody but the sentence as regards fine is enhanced to Rs. 10,000/-. In default of payment of fine, the appellant shall undergo rigorous imprisonment for six months.