UPJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced the trial qua commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) in FIR No. 265 dated 7.6.1999, registered at Police Station City Panipat.

(2.) As per the prosecution case, appellant was found in possession of two kilograms of opium without any permit or license on 7.6.1999 in the area of Bus Stand, Panipat.

(3.) The Trial Court vide judgment/order dated 26.5.2003 ordered the conviction and sentence of the appellant under Section 18 of the Act. Hence, the present appeal by the appellant. Learned counsel for the appellant during the course of arguments, has not challenged the conviction of the appellant under Section 18 of the Act but has submitted that sentence qua imprisonment of the appellant be reduced as in view of the amendment in the Act in the year 2001, appellant was in possession of non-commercial quantity and in this regard, sentence could be awarded upto 10 years. Learned counsel has further submitted that as per Section 41 of the Amending Act 09 of 2001, the same was applicable to the pending trials. So far as the appellant is concerned, the trial was concluded on 26.5.2003.