Judgment A.N.Jindal, J. 1. The accused-appellant Puran Singh (hereinafter referred to as the `appellant) was slapped with sentence of 10 years and a fine of Rs. 1,00,000/- for keeping in possession 3 KG opium by Judge, Special Court, Patiala vide his judgment dated 25.11.2003. 2. In nutshell the allegations against the appellant are that on 17.11.2000 Inspector Jassa Singh along with other police officials was present at bus stop of village Sarsini where he received secret information against the appellant that he was indulging in sale of narcotics and he could be apprehended red handed in the area of villages Jaraut and Jharmari police station, Lalru which was his area of sale and consequently, a naka was affixed; the accused was arrested; 3 kg. opium was recovered from him; sample was taken out after completing of the formalities, the sample so sent to the chemical examiner was found to be of opium. On completion of investigation a report under Section 173 Cr.P.C. was presented against him. 3. He was consequently, charged to which he pleaded not guilty and claimed trial. The case is based on the testimony of Jassa Singh, investigator and constable Paramjit Singh (PW-1). The accused made complete denial in his statement under Section 313 Cr.P.C. Ultimately trial ended in conviction. 4. Heard. 5. No illegality or such defect has been pointed out in the impugned judgment so as to disturb the findings regarding the conscious possession of contraband with the appellant. The provisions of Section 50 are not applicable as the opium was recovered not from the person of the appellant but from the bag carried by him. As such the judgment of conviction cannot be interfered with. 6. As regards the solitary argument regarding the quantum of sentence, it may be observed that the appellant is not a previous convict. The quantity recovered is marginally higher than the commercial quantity. The overweight appears to have been mentioned for want of the proper weighment. He is a young man of 30 years, having wife and children. He has already undergone 4 years of the substantive sentence. 7. Thus taking the aforesaid circumstances in view, the appeal is dismissed with the modification in the sentence reduced to 5 years a a fine of Rs. 10,000/- and in default of payment of fine to further undergo RI for 3 months.