- (1.) THE appellant has filed the instant appeal against the judgment and order dated 13.3.2003 passed by the Additional Sessions Judge -cum -Judge, Special Court, Barnala whereby he was convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act in FIR No.91 dated 27.10.1999, registered at Police Station Tapa and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 20,000/ - and, in default thereof, to further undergo rigorous imprisonment for a period of three months.
(2.) AS per prosecution, the appellant was apprehended on 27.10.1999 at about 2.00 p.m., in the area of village Pakho Kalan, being found in possession of 11 kgs. of poppy husk without any valid permit or licence.
(3.) THIS appeal was admitted on 31.3.2003. In the light of order dated 28.8.2003, this Court had directed the suspension of the sentence during pendency of the appeal. Learned counsel for the appellant during the course of arguments has not challenged the judgment of conviction on merits. However, learned counsel would submit that the appellant is a first time offender and is the sole bread -winner of the family. Learned counsel states that the appellant was having only 11 kgs. of poppy husk which is much below the commercial quantity. Learned counsel would also submit that the appellant has been facing the agony of criminal prosecution over the last about ten years. He would pray for a lenient view to be taken as regards quantum of sentence.;