Rajan Gupta, J. - (1.) THIS is an appeal against the judgment of conviction and order of sentence dated 8th January, 2011, delivered by Judge, Special Court, Patiala. The trial court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 5 Kgs of Ganja). He was convicted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as "Narcotic Drugs and Psychotropic Substances Act") and sentenced to undergo RI for 21/2 years and to pay a fine of Rs. 5000/ -, in default whereof to further undergo RI for one months.
(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 want to assail the judgment of conviction. Learned Counsel has submitted that the Appellant is a poor man and sole bread winner of his family. According to him, in the present case the quantity of Ganja recovered from the possession of the Appellant is much below the commercial quantity and out of the total awarded sentence of one year, he has by now undergone 09 months and 09 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 referred to a custody certificate dated 7th April, 2011, by way of affidavit of Superintendent, Central Jain, Patiala, which is already on record, according to which the Appellant had already undergone 04 months and 13 days of sentence as on 01.04.2011. 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.;