- (1.) The appellant has filed the present appeal against the judgment and order dated 23.2.2012 passed by Special Judge, Patiala, 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. 95 dated 2.10.2009 under Section 15 of the NDPS Act registered at Police Station Ghagga and sentenced to undergo rigorous imprisonment for a period of seven months and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.
(2.) According to the case of the prosecution, the appellant was apprehended on 2.10.2009. Upon the search of the plastic bag being carried by accused, recovery of 15 kg. of poppy husk was made from the accused.
(3.) This appeal was admitted vide order dated 5.3.2012. Upon a prayer for suspension of sentence, notice was issued to the State of Punjab and the case has been fixed 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.;