- (1.) The appellant has filed the present appeal against the judgment and order dated 23.1.2002 and 24.1.2012 passed by Sessions Judge, Sirsa, whereby he has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") in FIR No.5 dated 3.1.2011 under Sections 15/16 of the NDPS Act at Police Station City Sirsa, District Sirsa and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.4,000/- and in default of payment of fine, to further undergo simple imprisonment for two months.
(2.) According to the case of the prosecution, the appellant was apprehended on 3.1.2011. Upon search, recovery of 3 kg.400 grams of poppy husk and 3kg.900 grams of doda post, which was contained in two separate polythene bags, was made from the bags being carried by the accused.
(3.) This appeal was admitted vide order dated 29.3.2012. Upon a prayer for suspension of sentence, notice was issued to the State of Haryana and thereafter, the case was listed for today. However, after hearing learned counsel for the parties and with the consent of learned counsel, the main appeal itself is taken on Board.;