Criminal Appeal No.631-SB of 2005 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No.631-SB of 2005
Date of decision : 11.11.2009
Labh Chand ....Appellant
Versus
State of Haryana ....Respondent
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CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. G.S.Sidhu, Advocate for the appellant
Mr. S.S.Patter, Senior Deputy Advocate General, Haryana
S. D. ANAND, J.
The appellant was convicted by the learned Trial Judge for an
offence under Section 15 of the Narcotic Drgus and Psychotropic
Substances Act, 1985 and was sentenced to undergo RI for eighteen
months and to pay a fine of Rs.8,000/-. In default of payment of fine, the
appellant was directed to undergo further RI for a period of four months.
The charge upheld at the trial was that appellant had been found in
conscious possession of 15 Kgs. of poppy husk.
Learned counsel appearing on behalf of the appellant, at the
very outset, states that he does not contest the finding on merits but would
request for dilution on the point of sentence awarded by the learned Trial
Court in view of the fact that the appellant faced the ordeal of trial for about
two years and even present appeal has been pending since the year
2005. In that context, he also points out that the recovery was of
contraband of non-commercial character.
Criminal Appeal No.631-SB of 2005 -2-
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I have been through the file. The finding of conviction
recorded by the learned Trial Judge is relatable to the material obtaining
on the file and cannot be faulted on any valid score. Apart therefrom,
finding of conviction has not been contested on merits thereof.
In the circumstances of the case the appeal shall stand
dismissed on merits thereof. However, the sentence awarded to the
appellant shall stand reduced to the period already undergone by the
appellant. The amount of fine imposed shall stay intact.
November 11, 2009 (S. D. ANAND) Pka JUDGE