JUDGMENT : Sandeep Mehta, J. 1. Heard learned counsel for the parties on application under Section 5 of the Limitation Act. 2. Having considered the entirety of facts and circumstances as available on record, the delay of 48 days occasioned in filing of this appeal is condoned. 3. Accordingly, the application under Section 5 of the Limitation Act is allowed. 4. Heard learned counsel for the parties on merits. 5. This appeal has been preferred by the State of Rajasthan under Section 377 Cr.P.C. 1973 seeking enhancement of the sentence of 7 years R.I. and a fine of Rs. 70,000/- as awarded to the respondent accused Bhawani Singh by the learned Special Judge, NDPS Act Cases No. 2, Nimbahera in Sessions Case No. 238/2014 (25/2006). 6. Facts in brief are that on 18.10.2005, the S.H.O. P.S. Nimbahera Shri Shiv Raj Singh received an information about transit of poppy straw in a Bolero Vehicle bearing registration No. RJ19-TA-0242 from Neemuch to Jodhpur. A Nakabandi was laid and at about 4.30 AM, the suspected vehicle was seen coming from towards Neemuch which was flagged down to stop but the vehicle driver did not stop the same and fled away towards Nimbahera on which pursuit was given. The vehicle got bogged down in an uneven area. The driver got down from the vehicle and started running away. Some members of the Police party were sent to pursue the driver but he could not be apprehended. The abandoned vehicle was searched and it was seen that 8 gunny bags containing 234 kgs. of poppy straw were stored therein. The name of the registered owner of the vehicle as per the documents available therein was found to be Khet Singh of Jodhpur. During the course of investigation, it came to light that the vehicle had been purchased by the respondent Bhawani Singh from its registered owner. One Gajendra Singh was driving the vehicle at the time of the seizure and Kailash @ Bhutta has provided the poppy straw to Gajendra Singh. Accordingly, charge-sheet was filed against Kailash @ Bhutta and Gajendra Singh for the offence under Section 8/15 of the N.D.P.S. Act and against the respondent Bhawani Singh for the offence under Section 8/25 of the N.D.P.S. Act. Accordingly, charge-sheet was filed against Kailash @ Bhutta and Gajendra Singh for the offence under Section 8/15 of the N.D.P.S. Act and against the respondent Bhawani Singh for the offence under Section 8/25 of the N.D.P.S. Act. The trial court upon concluding trial, found that the prosecution could not prove the recovery of entire seized contraband poppy straw by leading substantive evidence of the seized goods because the gunny bags containing poppy straw were not produced and proved in the court in the selfsame condition. The Court held that the prosecution could prove by satisfactory evidence that 11 intact samples of contraband poppy straw weighing 500 gms. each total weight thereof coming to 5 kg 500 gms was recovered in the case. The respondent Bhawani Singh was convicted by the trial court for the offence under Section 8/25 of the N.D.P.S. Act holding that the jeep owned by him was allowed to be used for transportation of poppy straw weighing 5 kg 500 gms. He was sentenced to 7 years R.I. and a fine of Rs. 70,000/-. Bhawani Singh has preferred an appeal No. 3/2017 against his conviction which has been admitted. The State Government has now filed this appeal seeking enhancement of the sentences awarded to the respondent. 7. Having appreciated the arguments advanced by learned Public Prosecutor and Mr. Shaktawat learned counsel representing the respondent, this Court is of the opinion that the sentence of 7 years and fine of Rs. 70,000/- awarded to Bhawani Singh for the offence under Section 8/25 of the N.D.P.S. Act cannot be considered to be inadequate because the trial court held that the prosecution could prove recovery of only 5 kg 500 gms poppy straw which is well below the commercial quantity. As an upshot of the above discussion, I find no merit in this appeal which is hereby rejected.