Nachhattar Singh v. State Of Punjab

the appellant was apprehended while having in possession of 04 kgs poppy husk in the area of village Chhatteana. Pursuant thereto, vide impugned order and order of

sentence dated 01.06.2012 passed by the , the appellant was convicted and sentenced to undergo aforesaid imprisonment.

The appellant has been convicted for having in possession of 04 kgs poppy husk which falls in the category of intermediate quantity attracting the offence of Section 15 of the NDPS Act, for which no minimum punishment

has been prescribed. Moreover, the FIR in the present case pertains to the year 2009 and he has already faced the rigors of the trial for more than 16 years.

A perusal of the judgment of conviction passed by the learned trial Court indicates no perversity in its findings and the same is based on correct appreciation of evidence available on record. However, learned counsel for the appellant has not assailed the judgment of conviction on merits, rather restricted the prayer only qua modification of quantum of sentence to that of the sentence already undergone by the appellant. Since the FIR in the present case was registered on 18.11.2009 and the appellant has been suffering the agony of trial since the last 16 years. Since there is no minimum punishment prescribed under Section 15 of the NDPS Act and keeping in view the fact that the appellant has faced the rigors of the trial for more than a period 16 years, and therefore, while taking a lenient view, this Court is of the opinion that it would be in the interest of justice if the sentence awarded to the appellant is reduced to the period already undergone by him.