GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This present appeal has been filed against the judgment of conviction and order of sentence dtd. 7/1/2012 passed by the learned Judge, Special Court, Patiala, whereas, appellant had been convicted in case arising out of the FIR No.49 dtd. 6/4/2008 under Sec. 18 of the NDPS Act, Police Station Julkan, Patiala, and sentenced to undergo RI for 3 years and to pay a fine of Rs.3,000.00 and in default thereof RI for 3 months.

(2.) The case of the prosecution is that ASI Gurcharan Singh along with his police companions, in detention of crime, was present at 'T' point Chaprarh Bus Stand on main road of Devigarh. At about 12:00 noon, one person namely Gian Singh carrying a bag in his right hand was seen coming from village Chaprah and was about to alight the main road. On suspicion, ASI Gurcharan Singh intercepted and inquired him. On searching the bag carried by him 2 Kg. of Opium was recovered without any valid permit or licence. The accused was proceeded accordingly. Pursuant thereto, vide order dtd. 7/1/2012 passed by the learned Judge, Special Court, Patiala, the appellant was convicted and sentenced to undergo aforesaid imprisonment.

(3.) Learned counsel for the appellant contended that he is not assailing the impugned judgment of conviction dtd. 7/1/2012 on merits and restricts his prayer qua modification of the order on quantum of sentence, to the period as already undergone by the appellant because he has already undergone an actual sentence of 1 year 07 months and 07 days out of the total sentence of 03 years and is not involved in any other case under the NDPS Act. He further prays that since the FIR in question pertains to the year 2008, and the appellant has now 73 years of age, a lenient view may be taken while passing an order by this Court.