RAKESH KUMAR GARG,J. - (1.) THE appellant has filed the present appeal against the judgment and order dated 7.1.2011 passed by Special Judge, Ferozepur, whereby he was convicted under Section 5(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the N.D.P.S. Act") in F.I.R. No. 134 dated 4.8.2006 under Section 15(b) of the N.D.P.S. Act registered at Police Station Guru Har Sahai, and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for six months.
(2.) ACCORDING to the prosecution, the appellant was apprehended on 4.8.2006 and upon the search the gunny bag being carried by him, 30 kgs. of poppy husk was recovered. This appeal was admitted vide order dated 15.7.2011. Upon a prayer for suspension of sentence, notice was issued to the State of Punjab. However, after hearing learned counsel for the parties and with the consent of learned counsel, the main appeal itself is taken on Board.
(3.) LEARNED counsel for the appellant has not challenged the judgment of conviction passed by the trial Court. However, he has submitted that the appellant is a first offender and is the sole bread winner his family. He has been facing the agony of criminal prosecution for the last more than five years. The contraband recovered from him does not fall within the definition of commercial quantity. Moreover, out of the sentence of three years imposed upon him, he has already undergone a period of more than two years. Therefore, the remaining substantive sentence of imprisonment of the appellant be set aside.;