RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant faced trial for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) and was sentenced to under rigorous imprisonment for one and half year and to pay fine of Rs. 5,000/-.

(2.) As per the case of the prosecution, the appellant along with coaccused Ramesh were apprehended by a police party headed by ASI Balwinder Singh on 06.11.2005 in the area of Tehsil Ratia, District Fatehabad. The appellant was driving the scooter while his co-convict Ramesh was pillion rider and carrying a plastic bag which was found containing 31 kilograms poppy husk.

(3.) At the very outset the learned counsel for the appellant has submitted that he confines the relief claimed in this appeal only to the extent of leniency in quantum of sentence awarded to the appellant. The appellant has undergone 6 months 28 days of actual imprisonment, as shown in the custody certificate placed on file, which do not include any remissions to which he is entitled under law. The appellant is not a previous convict.