JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Jarnail Singh was found guilty under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') for being in illegal possession of 250 grams of Opium.

(2.) It is through impugned judgment dated 17.08.2004 learned Special Judge, Fatehgarh Sahib convicted and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000 and in default of payment of fine to further undergo rigorous imprisonment for one month. The same has been challenged in this appeal.

(3.) At the very onset of his submissions, learned counsel for the appellant Mr. Manoj Kumar, Advocate has made statement that he does not intend to challenge the very merits of the case of the appellant and has only to make a humble prayer that since the total custody period including remissions of the appellant comes to 2 years and 2 months and has undergone actual sentence of 1 year, 2 months and 12 days and the sentence be ordered to be undergone in view of the special circumstances and which prayer is sought to be opposed with much force on behalf of the State by Mr. J.S. Brar, Assistant Advocate General, Punjab contending that since the appellant has been found guilty under the Narcotic Drugs and Psychotropic Substances Act, he does not deserves any leniency.