BHARAT BHUSHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment of conviction and order of sentence dated 25.11.2003, delivered by Special Judge, Moga. The trial court after recording the prosecution evidence came to the conclusion that the accused -appellant was guilty of possession of contraband (i.e. 500 grams of charas). He was convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act') and sentenced to undergo RI for five years and to pay a fine of Rs. 50,000/ -, in default whereof to further undergo RI for five months.

(2.) FEELING aggrieved against the judgment of the trial court, the appellant has approached this court through the instant appeal.

(3.) LEARNED counsel for the appellant states that he is limiting his prayer only to the extent of reduction in the sentence awarded and does not assail the judgment of conviction. Learned counsel has submitted that the appellant is the sole bread winner of his family and has three minor children to support. According to him, in the present case the quantity of charas recovered from the possession of appellant is below the commercial quantity and out of the total sentence of five years awarded to the appellant, he has undergone 02 years and 05 months approximately by now. Learned counsel, therefore, prays that keeping in view the fact that appellant has to support his family, sentence awarded to him be reduced to the period already undergone by him.