MEHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Mehal Singh has filed the present appeal against judgment and order dated 11.5.2004 passed by learned Special Judge, Moga in case FIR No.67 dated 4.4.2000 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act), registered at Police Station, City Moga, whereby he was convicted under Section 15(b) of the Act and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.15,000/- and in default to pay fine, to further undergo rigorous imprisonment for 3 months.

(2.) At the very outset, learned counsel for the appellant has submitted that he restricts his arguments only to the extent of reduction of sentence awarded by the trial Court and does not assail the judgment of conviction. He has submitted that the appellant is a poor man about more than 60 years of age and has to support his family. According to him, in the present case, quantity of poppy husk recovered from the appellant is much below the commercial quantity and out of total awarded sentence of 3 years, the appellant has already undergone imprisonment for about 9 months.

(3.) In support of his contentions, learned counsel for the appellant has relied upon Shahejadkhan Mahebubkhan Pathan Versus State of Gujarat, 2012 4 RCR(Cri) 684; Nishan Singh Versus State of Punjab, 2011 3 LawHerald(P&H) 1944 and Kaka Singh Versus State of Punjab, 2010 2 RCR(Cri) 383.