Mahavir S. Chauhan, J. - (1.) THE appellant, who has been convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,50,000/ - and in default of payment of fine, to undergo further simple imprisonment for six months under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act") for possession of opium weighing 90 grams vide judgment of conviction dated 15.6.2009 and order of sentence dated 24.7.2009 by the Court of Judge, Special Court, Sirsa (for short, 'trial Court') in Sessions Case No. 91 -SC of 2007. The aforesaid judgment/order are under challenge in the present appeal brought by the convict under Section 374(2) of the Code of Criminal Procedure, 1973. Learned counsel for the appellant has submitted that the appellant does not contest the findings of conviction as recorded by the learned trial Court but he prays for leniency as regards the quantum of sentence.
(2.) IT is stated by the learned counsel for the appellant and is not disputed by the learned State counsel that the appellant has already spent 1 year 17 days in custody, is aged about 60 years, is the only bread winner of the family and has children of marriageable age. In view of the circumstances, while affirming the judgment of conviction, order of sentence is modified and the substantive sentence awarded to the appellant is reduced to the period already spent by him in custody and the amount of fine is reduced from Rs. 1,50,000/ - to '. 20,000/ -. In default of payment of fine, the appellant shall undergo further simple imprisonment for 3 months. With the aforesaid modification in the order of sentence, the appeal fails and is dismissed.;