Judgment:
CRA-S-141-SB of 2014 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRA-S-141-SB of 2014 (O&M) Date of Decision: 14.01.2014 Manjinder Singh @ Manna ..Appellant Versus State of Punjab ..Respondent CORAM: HON’BLE Mr.JUSTICE MAHAVIR S.
CHAUHAN Present: Mr.Manish Kumar Singla, Advocate, for the appellant.
MAHAVIR S.
CHAUHAN, J.
(ORAL) Vide judgment of conviction and order of sentence dated 10.01.2014, appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of four months and to pay a fine of Rs.2,000/- and in default of making payment of fine, to undergo further rigorous imprisonment for fifteen days for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for keeping in his possession 10 Kgs.
of poppy husk.
Learned counsel for the appellant has stated that the appellant does not impugn the correctness of the findings so recorded by the trial court leading to his conviction but prays that in view of the fact that the appellant is the only bread earner of his family and is the fiRs.offender, some leniency be shown as regards the quantum of sentence awarded by the trial Court.
CRA-S-141-SB of 2014 (O&M) -2- Notice of motion.
On the asking of this Court, Mr.D.S.Virk, Assistant Advocate General, Punjab, accepts notice on behalf of the respondent and states that he has no objection to the prayer made by the learned counsel for the appellant.
In the circumstances, judgment of conviction dated 10.01.2014 passed by the learned trial Court is maintained.
However, the impugned order of sentence dated 10.01.2014 is modified to the extent that substantive sentence awarded by the trial Court to the appellant is reduced to the period already undergone.
However, amount of fine is enhanced from Rs.2,000/- to Rs.5,000/-.
With the aforesaid modification in the order of sentence dated 10.01.2014 passed by the trial Court, the appeal is dismissed.
(MAHAVIR S.
CHAUHAN) JUDGE1401.2014 adhikari