Rajan Gupta, J. - (1.) THIS is an appeal against the judgment of conviction and order of sentence dated 18th December, 2010, delivered by 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. 70 grams of Sulfa (Charas). Co -accused Mahesh Kumar alias Mehs was also held guilty for having 100 grams of Sulfa (Charas). Both the accused were convicted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as "NDPS Act") and sentenced to undergo RI for four months.
(2.) FEELING aggrieved against the judgment of the trial court, the Appellant Bittu 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 mechanic having his wife and three children and there is no one in the family to look after them. According to him, in the present case the quantity of contraband (Charas) recovered from the possession of the Appellant is much below the commercial quantity and out of the total awarded sentence of four months, by now he has undergone 01 month and 19 days. He has placed on record custody certificate in this regard. Learned Counsel, therefore, prays that keeping in view the fact that the Appellant has to support his family including minor 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 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.;