JUDGMENT 1. - Notice was given to the learned Public Prosecutor, who has accepted the same. 2. Heard. Perused the impugned judgment. 3. Admit. 4. This appeal has been preferred against the judgment dated 18.4.1995 passed by the learned Special Judge, N.D.P.S. Act Cases, Jodhpur, whereby he found the appellant guilty for the offence under section 20(1) of the N.D.P.S. Act (in short the Act) for cultivating cannabis plant (`ganja') without any licence and sentenced him to 5 months' rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 7 days imprisonment. 5. Mr. Choudhary has rightly not challenged the conviction of the appellant for the said offence. His only contention is that keeping in view the mitigating circumstances of this case, the substantive sentence of the appellant be reduced to the period already undergone by him. 6. The learned Public Prosecutor has not seriously contested this submission. 7. In this case on receiving the source information, Shri Samundar Singh, S.H.O., Police Station, Bilara went to the field of appellant, where he found four shrubs of cannabis plants standing in the latter's field.Those shrubs were uprooted, which weighed 4.5. kgs. and a sample of about 250 gms of cannabis plants taken therefrom. It was sealed and sent to the F.S.L. The appellant is not a previous convict and the agricultural field Khasra No. 1034 is recorded in the joint tenancy of appellant Birda & Harji. However, as per Ex. P. 8 the impugned possession of the field, where the ganja plants were found growing fell in the share of the appellant. Only four shrubs of `ganja' plants' were found growing. The appellant has been under detention from 23.3.94 to 3.2.95. Thus, he has already undergone; substantive sentence of 4 months and 10 days. 8. Keeping in view the aforementioned mitigating circumstances, I feel that interest of justice will be secured if the appellant's substantive sentence is reduced to the period already undergone by him. 9. In the result this appeal is partly allowed and while maintaining the conviction of the appellant for the offence under section 20(a)(i) of the Act is substantative sentence from five months R.I. to the period already undergone by him under detention However, his fine of Rs. 500/- is maintained. In default of payment of fine to undergo 7 days imprisonment is also maintained. 500/- is maintained. In default of payment of fine to undergo 7 days imprisonment is also maintained. A copy of this order be sent to the learned Special Judge, N.D.P.S. Act Cases, Jodhpur for information and compliance.Appeal partly allowed. *******