MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 12.05.2007/16.05.2007, passed by Additional Sessions Judge, Hisar (Fast Track Court) vide which the appellant was convicted under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and sentenced to undergo rigorous imprisonment for five years with fine of Rs. 2,000.00 with default stipulation.

(2.) The appellant has been convicted on the allegations that he was found in conscious possession of 04 kg 800 grams of poppy husk.

(3.) Learned counsel for the appellant states that he does not challenge the judgment of conviction and prays that the present appeal be treated as a mercy appeal and take a lenient view in the matter of sentence as the appellant in the last approximate twelve years has not repeated the offence. The appellant has been facing agony of criminal proceedings since the year 2005. He is the only bread earner in the family. He is not involved in any other case. Out of the total sentence of five years he has already undergone actual sentence of 08 months.