Rajan Gupta, J. - (1.) THIS is an appeal against the judgment of conviction and order of sentence dated 21st August, 2010, delivered by Special Court, Jalandhar. The trial Court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 30 Kgs of poppy husk). He was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for three years and to pay a fine of Rs. 500/ -, in default whereof to further undergo RI for six month.
(2.) FEELING aggrieved against the judgment of the trial Court, the Appellant has approached this Court through the instant appeal. Learned Counsel for the Appellant states that he is limiting his prayer only to the extent of reduction in the sentence awarded and does not assail the judgment of conviction. Learned Counsel has submitted that the Appellant is sole bread winner of his family including five children. According to him, in the present case the quantity of poppy husk recovered from the possession of the Appellant is much below the commercial quantity and out of the total awarded sentence of three years, he has undergone approximately ten months. Learned Counsel, therefore, prays that keeping in view the fact that he is a poor man and has to support his family including five children and the quantity of contraband recovered from him is below the commercial quantity, the sentence be reduced to the period already undergone by him.
(3.) LEARNED State Counsel has placed on record a reply by way of affidavit dated 30th October, 2010 of the Superintendent, Central Jail, Jalandhar, according to which the Appellant had undergone 05 months and 06 days of sentence as on 30.10.2010. He submits that in case conviction of the Appellant is maintained, the Court may reduce the sentence as deemed appropriate in the circumstances of the case.;