Criminal Appeal No.1229-SB of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.1229-SB of 2005 Date of decision:- 14.12.2010 Malkiat Singh @ Meeta ...Appellant Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE A.N.JINDAL Present:- Mr. S.S. Rana, Advocate for the appellant. Mr. Amit Chaudhary, AAG Punjab. A.N.JINDAL J.(Oral) Challenge in this appeal is to the judgment dated 10.1.2005, passed by the Special Judge, Ferozepur, convicting and sentencing the appellant to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.2000/- under Section 15 of NDPS Act. Allegations against the appellant are that on 26.8.2002, accused-appellant was found in his possession 40 Kgs of poppy husk. Consequently, on trial, he was charged, tried, convicted and sentenced accordingly. Without assailing the judgment of conviction, some leniency on the quantum of sentence has been sought. Even otherwise, on scrutiny of the impugned judgment, it transpires that the evidence as led by the prosecution appears to have been appreciated in the right perspective. No such illegality much less Criminal Appeal No.1229-SB of 2005 -2- irregularity or perversity was found or detected in the conduct of trial or procedure, which may result into miscarriage of justice. ASI Jaswant Rai (PW1) and D.S.P. Avtar Singh are the witnesses to the recovery. SI Major Singh (PW2) is the Investigting Officer. All the witnesses are quite consistent with their statements regarding the time, place and manner in which the recovery of contraband was effected from the accused. This evidence is also complete. The occurrence is of the year 2002. The appellant has already suffered a lot of agony on account of the protracted proceedings for the last eight years. The recovery is non-commercial in nature. He has already undergone two years and two months of the substantive sentence. Under these peculiar circumstances, it would be in the fitness of things to extend some leniency o n the quantum of sentence. Resultantly, this appeal is dismissed with the modification in the sentence which is reduced to 2-½ years without any alteration in the sentence of fine. Copy of this order be sent to the Chief Judicial Magistrate,Ferozepur, for compliance. December 14, 2010 (A.N.JINDAL) Vijay Asija JUDGE