Shinderpal Kaur vs State of Punjab

Sabina, J.—This is an appeal against the judgment/ order dated 11.4.2005, whereby the appellant was convicted and sentenced for an offence u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act-for short).

Prosecution case, in brief, is that on 7.10.2001, the appellant was apprehended with 6 1/2 kgs. of poppy husk.

During the course of arguments, learned counsel for the appellant has not challenged the conviction of the appellant u/s 15 of the NDPS Act but has submitted that sentence qua imprisonment of the appellant be reduced to already undergone by her. Learned counsel has further submitted that the appellant is not involved in any other case under the Act.

Vide order dated 11.4.2005, the trial Court sentenced the appellant to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/-. As per the custody certificate placed on record by the learned State counsel, the appellant has already undergone 2 months and 27 days of actual sentence.

Keeping in view the facts and circumstances of the case, it would be just and expedient to reduce the sentence qua imprisonment of the appellant to already undergone by her.

Accordingly, conviction of the appellant u/s 15 of the NDPS Act is maintained. However, the sentence qua imprisonment of the appellant is reduced to already undergone by her.

The appeal stands disposed of accordingly.