SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this appeal, the appellant has approached this Court being aggrieved of the judgment dated 27.10.2014 passed by learned Special Judge (NDPS Act Cases), Hanumangarh in Sessions Case No.26/2008 convicting the appellant for the offence under Section 8/18(C) of the NDPS Act and sentencing him to three years' rigorous imprisonment and a fine of Rs. 20,000/-.

(2.) Facts in brief are that the appellant was apprehended by the SHO Police Station Rawatsar on 10.7.2008 while carrying contraband opium weighing 600 Gms. After investigation, a charge-sheet was filed against the appellant in the court of the learned Special Judge (NDPS Act Cases), Hanumangarh, who by judgment dated 27.10.2014 has convicted and sentenced the appellant as stated above.

(3.) Shri Garg, learned counsel for the appellant at the outset does not challenge the conviction of the petitioner. However, relying on the judgments rendered by this Court in the cases of Mohammad Ali v. State of Rajasthan,2013 4 CJ(Cri)(Raj) 1914 and Niyamat Ali @ Nemu v. State of Rajasthan,2013(4) CJ(Cri)(Raj) 1915, learned counsel prays that as the appellant has remained in custody for nearly 1 year and 4 months, the sentence awarded to the appellant may be reduced to the period already undergone by him.