Rajan Gupta, J. - (1.) THIS is an appeal against the judgment of conviction and order of sentence dated 10th October, 2009, delivered by Special Court, Tarn Taran. The trial court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 40 Kgs of poppy husk). He was convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for four years and to pay a fine of Rs. 20,000/ -, in default whereof to further undergo RI for one year.
(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 a poor man and has to support his family. 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 four years, he has undergone about 01 year 05 months and 05 days. Learned Counsel, therefore, prays that keeping in view the fact that he is a poor man and has to support his family 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 14th March, 2011 of the Superintendent, Central Jail, Amritsar, according to which the Appellant had undergone 01 year 05 months and 03 days of sentence as on 13.3.2011. 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.;