AMRIK SINGH Vs. INSPECTOR OF CUSTOMS

JUDGEMENT

(1.) Amrik Singh son of Gurbachan Singh has filed the present appeal against judgment and order dated 13.5.2004 passed by learned Special Judge, Amritsar in complaint case under Sections 8, 21, 22, 25 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act), whereby he was convicted under Sections 21 and 27 of the Act and sentenced to undergo rigorous imprisonment for 1 year and to pay a fine of Rs.5,000/- and in default to pay fine, to further undergo rigorous imprisonment for 2 months under Section 21 of the Act. He was further sentenced to undergo rigorous imprisonment for 3 months under Section 27 of the Act. However, both the substantive sentences were ordered to run concurrently.

(2.) At the very outset, learned counsel for the appellant has contended that he does not challenge the conviction. However, he has submitted that the appellant has already undergone imprisonment for 2 months and 10 days and the case relates to non-commercial quantity. The appellant was found in possession of 32 Gms of heroine which was for his personal consumption. However, the trial Court has awarded the sentence as if the quantity was for commercial use. He has further contended that the appellant has been facing the agony of trial for the last more than 13 years. He has undergone sufficient punishment. During the intervening period, the appellant has not been found indulged in any of the case of such like nature. Learned counsel for the appellant has, therefore, pleaded that the sentence awarded to the appellant may be reduced to the period already undergone by him.

(3.) In support of his contentions, learned counsel for the appellant has relied upon the judgments of this Court in Jagat Singh Versus State of Haryana, 2015 1 RCR(Cri) 837 and Nishan Singh Versus State of Punjab, 2011 3 LawHerald(P&H) 1944 where for having possession of 1 Kg Charas, the accused was convicted and sentenced to undergo RI for 10 years by the trial Court. However, this Court reduced his sentence to the period already undergone by him which was 3 years and 18 days.