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2017 (5) TMI 732 - PUNJAB & HARYANA HIGH COURTGuilty and conviction for the offence punishable under Section 15 (c) of NDPS Act - period of sentence - whether punishment awarded by the learned Judge, Special Court, Karnal is disproportionate to the act committed by the appellant? - Held that:- The instant case, the accused-appellant has pleaded simple false implication in his statement recorded under Section 313 Cr.P.C. He has not given any explanation as to how he came to be present in the fields where the three bags containing poppy-straw were lying and he has brought one bag out of those to the Kacha path. Thus, the conduct of the appellant establishes that he was fully aware about the nature and substance in those bags. So, there is no escape from the conclusion that appellant was in conscious possession of all the three gunny bags containing poppy-straw. As per the custody certificate, accused-appellant has undergone the total sentence of eight years nine months and nineteen days including remission as on 24.01.2017. He is in custody since the date of his arrest. It cannot be disputed that the accused-appellant has two daughters and also had responsibilities towards his family. Thus, he deserves leniency in the matter of sentence. Therefore, in view of our aforesaid discussion, the appeal of the appellant against conviction has no merits. The same is hereby dismissed. The conviction of the accused-appellant recorded by the learned Judge, Special Court, Karnal under Section 15 (c) of the NDPS Act is hereby maintained. However, the sentence is modified from imprisonment of 14 years and pay a fine of ₹ 1,50,000/- and in default thereof to undergo rigorous imprisonment for two years, to undergo rigorous imprisonment for a period of ten years and to pay a fine of ₹ 1,00,000/- for committing the offence under Section 15 (c) of the NDPS Act. The fine shall be recoverable in terms of Section 421 Cr.P.C.
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