NARESH KUMAR SANGHI,J. - (1.) Challenge in the present appeal is to the judgment of conviction and order of sentence, dated 17.01.2004, passed by learned Judge, Special Court, Faridkot, whereby the appellant was held guilty for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as the 'NDPS Act') and ordered to undergo rigorous imprisonment for seven years besides payment of fine of L 50,000/- (Rupees fifty thousand only) and in default thereof to undergo further rigorous imprisonment for one year for retaining 65 grams of smack without any permit or licence.
(2.) Learned Amicus Curiae, at the very outset, submits that in view of the cogent reasons recorded by learned trial Court, she will not propose to challenge the conviction of the appellant under Section 21 of the NDPS Act. However, she submits that in view of the fact that slightly above the small quantity of 50 grams, 65 grams of smack was recovered from the appellant and learned trial Court had awarded rigorous imprisonment for seven years besides payment of fine of L 50,000/- (Rupees fifty thousand only), which is on higher side, therefore, substantive sentence of the appellant be reduced to rigorous imprisonment for three years, which he has already undergone. She further submits that the fine imposed is also disproportionate to the recovery effected from the appellant and, as such, the same be also reduced.
(3.) Learned counsel for the State has not controverted the fact that the appellant has already suffered incarceration for three years four months and twenty one days as per the affidavit, dated 22.08.2015, executed by the Superintendent, Central Jail, Ferozepur. He has produced the said affidavit, which is taken on record.;