BALKARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been preferred against the judgment of conviction dtd. 5/9/2008 and the order of sentence dtd. 10/9/2008 passed by learned Sessions Judge, Sirsa, in FIR No.45 dtd. 13/3/2004 under Ss. 15 and 16 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), registered at Police Station City Dabwali, District Sirsa.

(2.) The appellant was convicted and sentenced under Sec. 15 of NDPS Act for keeping in possession 15 kgs and 200 grams of choora post (poppy straw) and was ordered to undergo rigorous imprisonment for a period of 02 years and to pay a fine of Rs.10,000.00 along with default mechanism.

(3.) Learned counsel for the appellant, inter alia, contends that he is not assailing the impugned judgment of conviction dtd. 5/9/2008 on merits and restricts his prayer qua modification of the order of sentence, to that of the sentence already undergone by the appellant, as he has already undergone the actual sentence of 02 months and 06 days, out of rigorous imprisonment of two years and is not involved in any other criminal activity.