- (1.) THIS is an appeal directed by the accused/appellant against the judgment of conviction dated 04.05.2011 and order of sentence dated 05.05.2011 passed by Shri Kamal Kant, Special Judge, Rohtak, vide which the accused/appellant has been convicted under Section 17 of the Narcotic Drugs and Phsychotropic Substances Act (in short "NDPS Act") and sentenced him to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 4000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of 30 days.
(2.) THE brief facts of the case as gathered from the record are that a secret information was received on 28.03.2009 that Gurmeet son of Veer Singh was having a country made pistol and would come from the side of Peer Wali Gali and in case raid is conducted, he could be apprehended. Accordingly raiding party was prepared and raid was conducted. The accused/appellant was found in possession of 72 gms of smack without any permit or licence. The accused was arrested. Investigation was carried out and ultimately the accused was convicted and sentenced, as narrated above.
(3.) FEELING dissatisfied with the judgment of conviction dated 04.05.2011 and order of sentence dated 05.05.2011 passed by Special Judge, Rohtak, the accused/ appellant has preferred the present appeal. Learned counsel for the appellant has not challenged the conviction recorded by the trial Court, but has submitted that the appellant is not a previous convict nor any other case is pending against him. The case relates to the year 2009 and the appellant is facing the agony of protracted trial for the last four years. So, prayer has been made for taking lenient view regarding the quantum of sentence.;