Rajan Gupta, J. - (1.) THIS is an appeal against the judgment of conviction dated 4th February, 2005 and order of sentence dated 5th February, 2005, 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. 1 Kgs of opium. He was convicted under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for 11/2 years and to pay a fine of Rs. 5000/ -, in default whereof to further undergo rigorous imprisonment for one 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 a poor person having two minor issues and old parents to maintain. According to him, in the present case the quantity of contraband (opium) recovered from the possession of the Appellant is much below the commercial quantity and out of the total awarded sentence of 11/2 years, he had already undergone 06 months and 21 days. Learned Counsel, therefore, prays that keeping in view the fact that he has to support two children and his old parents 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 19th February, 2011 of the Superintendent, Central Jail, Jalandhar, according to which the Appellant had already undergone 06 months and 21 days of sentence. 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.;