BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Balkar Singh and Amarjit Kaur were charged under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinaftaer referred to as 'the Act' ) for allegedly keeping in their possession 6 grams of smack without any permit or licence. Vide impugned judgment of learned Additional Sessions Judge-cum-Judge, Special Court, Amritsar, they stand convicted of the charge and have been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.200/- each. In default of payment of fine, they have been ordered to undergo further RI for 15 days. Aggrieved by the impugned judgment of conviction and sentence, they have preferred the instant appeal.

(2.) I am disposing of the instant appeal at motion stage itself for the reason that counsel for the appellants has not joined issue on merits and instead confined her arguments with regard to quantum of sentence only.

(3.) I have otherwise gone through the impugned judgment very minutely and find no infirmity in the same. The conviction as recorded by the trial Court is consequently upheld. With regard to quantum of sentence, the learned counsel submits that by now Balkar Singh appellant has undergone 5 months and a few odd days, whereas Amarjit Kaur appellant has also undergone 3 months and a few odd days. Mrs. Mann states that so far as Balkar Singh is concerned, his substantive sentence is likely to be completed within a few days, whereas Amarjit Kaur has also undergone more than half of her substantive sentence. In order to show their detention period, the learned counsel has produced the Jail Certificates of both the appellants duly issued by the Superintendent, Central Jail, Amritsar. The same are taken on record.