Rajan Gupta, J. - (1.) THIS is an appeal against the judgment of conviction dated 8th January, 2011 and order of sentence dated 12th January, 2011, delivered by Judge, Special Court, Karnal. The trial court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 08 Kgs and 200 grams of poppy husk). He was convicted under Section 15(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for nine months and to pay a fine of Rs. 5,000/ -, in default whereof to further undergo RI for two 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 assail the judgment of conviction. Learned Counsel has submitted that the Appellant is a poor man and has to support his family including his ailing wife. 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 nine months, he has undergone about 03 months and 27 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 3rd April, 2011 of the Superintendent, District Jail, Karnal, according to which the Appellant had undergone 03 months and 26 days of sentence as on 3.4.2011. 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. I have heard learned Counsel for both the parties. Briefly, the prosecution case runs thus:;