In the High Court of Punjab and Haryana at Chandigarh Crl. Appeal No. 3321-SB of 2011 Date of Decision: FEBRUARY 02, 2012 Jasvir Singh ---Appellant versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI *** Present: Mr.Kulbir Sekhon, Advocate for the appellant Mr. Jaspreet Singh, AAG, Punjab *** NARESH KUMAR SANGHI, J. (Oral) At the outset, the learned counsel for the appellant submits that he does not want to press the appeal on merits. However, he submits that the sentence awarded to the appellant is harsh, therefore, the same may be reduced keeping in view the fact that only 7 Kgs of poppy husk was allegedly recovered from the appellant. On the other hand, the learned counsel for the State has submitted that the learned trial court has already taken a lenient view, therefore, the appeal may be dismissed. I have heard the learned counsel for the parties and meticulously examined the judgment passed by the learned court below. Crl. Appeal No. 3321-SB of 2011(O&M) -2- I am satisfied that the learned trial court has rightly held the appellant guilty for the commission of offence punishable under Section 15 of the NDPS Act for having in possession 7 Kgs of poppy husk without any permit or licence. Therefore, the judgment of the learned trial court, holding the appellant guilty for the offence punishable under Section 15 of the NDPS Act is upheld. However, keeping in view the fact that only 7 Kgs of poppy husk was recovered from the appellant, he has a family to maintain and he is neither a previous convict nor any other case is pending against him, a lenient view can be taken so far as sentence is concerned. Therefore, the substantive sentence of nine months awarded by the learned trial Court is reduced to rigorous imprisonment for four months. However, the fine imposed by the learned trial court shall remain intact. The appeal is disposed of with the aforesaid modification in the substantive sentence of imprisonment. (NARESH KUMAR SANGHI) JUDGE FEBRUARY 02, 2012 PARAMJIT