Birla Singh vs State of Punjab

R.P. Nagrath, J.—On the request of learned counsel for the appellant, main appeal which was admitted is taken up for final disposal as counsel for the appellant does not challenge the conviction recorded by the trial Judge. Learned State Counsel has filed the custody certificate in Court today and the same is taken on record.

Petitioner was tried of the offence u/s 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as ''the Act'') for possessing 4 kgs. 250 gms. of poppy-husk without permit on 25.12.2008. The appellant was spotted while the Police party was going on the road for patrolling. The poppy-husk was contained in a plastic bag. After complying with various mandatory requirements sample was separated and these parcels were duly sealed.

It was also the prosecution story that after completing proceedings on the spot, the Police party returned to the Police Station and investigating officer handed over the case property with the seal intact to SI Raj Mal, SHO, Police Station Lambi, who sealed the case property with his own seal impression ''RM''. The case property was produced on the next day before the area Magistrate, where another sample weighing 250 gms. was separated from the bulk and separately sealed with the seal of Court. Intimation of this recovery was also sent to DSP of the Circle in terms of Section 57 of the Act.

The charge was framed by the trial Judge and 6 witnesses were examined by the prosecution. There was simple denial by the appellant to all the incriminating circumstances appearing in the evidence.

The judgment of trial Court has been perused. Learned trial Court has meticulously dealt with all the contentions of the appellant and rightly came to the conclusion that the charge against the appellant was fully proved. The appellant''s counsel has also not assailed the reasoning adopted by the trial Court in holding the charge against the appellant to be proved. Therefore, that finding is upheld.

Learned counsel for the appellant, however, submits that the appellant was awarded 4 months rigorous imprisonment and fine of Rs. 1,000/- by the trial Court and he has deposited the amount of fine.

The custody certificate shows that the appellant has already undergone almost three months of imprisonment, which is found sufficient sentence in the circumstances of the case. The appeal is, therefore, dismissed with the modification of reducing the sentence for the period already undergone. The appellant be set at liberty forthwith if not required in any other case, after verifying that he has deposited the amount of fine.