Mota Singh vs State of Punjab

K.C. Puri, J.—Notice of motion to Advocate General, Punjab.

At the asking of the Court, Mr. Amandeep Singh Rai, AAG, Punjab accepts notice.

There is delay of 499 days in filing the appeal. The same stands condoned on the grounds mentioned in the application, as the Appellant is in custody.

This is first appeal directed by accused-Appellant against the judgment dated 23.07.2009 passed by Shri Paramjeet Singh, Judge Special Court, Patiala vide which the accused-Appellant has been convicted u/s 15 of the N.D.P.S Act for having been found in possession of 18 kgs of poppy husk, without any license and permit. He was sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs. 3000/-. In default of payment of fine, to further undergo rigorous imprisonment for one month.

The facts of the case are not required to be reproduced as learned Counsel for the Appellant has not challenged the conviction recorded by the trial Court but has simply prayed that the Appellant has undergone incarnation for a period of 1 year 6 months, out of the substantive sentence of 2 years and that the recovery is only 18 kgs of poppy husk.

The recovery from the Appellant is that of 18 kgs of poppy husk. The record does not reveal that he is accused in any other case. The period of punishment undergone by the Appellant is sufficient to meet the ends of justice as he has already undergone more than 1 year 6 months out of the substantive sentence of 2 years.

In view of the above circumstances, the judgment of the trial court stands affirmed, however, with the modification in the sentence that the same stands reduced to the period already undergone. The Appellant be released forthwith, if not required in any other case.

The appeal stands disposed of accordingly.