Balkar Singh vs State Of Punjab - 2025 Supreme(P&H) 830

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2025 Supreme(P&H) 830

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
H.S.GREWAL
Balkar Singh – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Satbir Singh Gill, Advocate
For the Respondent: Mr. Rishabh Singla, AAG, Punjab

JUDGMENT :

H.S. Grewal, J.

This appeal has been filed against the judgment of conviction and order of sentence dated 09.08.2012 passed by the learned Judge, Special Court, Sri Muktsar Sahib in case FIR No.5 dated 21.01.2011 under Sections 15/61/85 of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), registered at Police Station Bari Wala, Sri Muktsar Sahib, the appellant has come up before this Court by filing the present appeal.

2. The case of the prosecution is that on 21.01.2011, the appellant was found to be in possession of 20 Kgs of poppy husk. Pursuant thereto, vide order dated 09.08.2012 passed by the learned Judge, Special Court, Sri Muktsar Sahib, the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of one and a half year and to pay a fine of Rs. 5,000/- and further in default thereof, to undergo rigorous imprisonment for a period of two months.

3. Learned counsel for the appellant contends that he is not assailing the impugned judgment of conviction dated 09.08.2012 on merits and restricts his prayer qua modification of the order on quantum of sentence, to the period as already undergone by the ap

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