Rajan Gupta, J. - (1.) THIS is an appeal against the judgment of conviction and order of sentence dated 31st October, 2008, delivered by Special Court, Jind. The trial court after recording the prosecution evidence, came to the conclusion that the accused/Appellant was guilty of possession of contraband (i.e. 800 grams of Charas). She was 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 years and to pay a fine of Rs. 15000/ -, in default whereof to further undergo RI for three 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 lady and having minor children and there is no one in the family to look after them. Her husband has eloped with some other lady. 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 years, by now she has undergone 02 years 09 months and 06 days. Learned Counsel, therefore, prays that keeping in view the fact that she is a poor lady and has to support her children and the quantity of contraband recovered from her is below the commercial quantity, the sentence be reduced to the period already undergone by her.
(3.) LEARNED State counsel has placed on record a reply by way of affidavit of the Superintendent, B.I. & J. Jail, Hisar, according to which the Appellant had undergone 02 years 09 months and 04 days of sentence as on 8.1.2011. 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.;