Order : MANOJ KUMAR GARG, J. Instant criminal appeal has been filed by the appellant under Section 415 of BNSS against the judgment dated 29.11.2024 passed by learned Sessions Judge, Srigangangar, in Sessions Case No.01/2018 (CIS No.01/2018) by which the learned Judge convicted and sentenced the appellant as under:- Offence Fine & default sentence Section 28 of Drugs & Cosmetics Act Rs.20,000/- and in default of payment of fine, 2 months’ S.I. Section 22(3) of Drugs & Cosmetics Act Rs.20,000/- and in default of payment of fine, 2 months’ S.I. 2. Brief facts of the case are that on 07.04.2017 complainant submitted a complaint before the learned Chief Judicial Magistrate (Drug Control Officer), Sriganganagar to the effect that on 19.10.2014 Amardeep Singh was caught with Rexcof cough syrup and spasmoproxyvon plus capsules in large quantity without having any license or permit. Offence was proved by the Investigating Authority and thereafter the cognizance was taken by the learned Chief Judicial Magistrate, Sriganganagar, and after that the matter was committed to the learned Sessions Judge, Sriganganagar. Thereafter, the charges of the case were framed against the appellant. He denied the charges and claimed trial. 3. During the course of trial, the prosecution examined 6 witnesses, 33 documents and 4 articles were also exhibited. Thereafter, statement of appellant under section 313 Cr.P.C was recorded. 4. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 29.11.2024 convicted and sentenced the appellant for offence under Sections 28 & 22(3) of Drugs & Cosmetics Act. 5. At the outset, learned counsel for the appellant submits that accused appellant is not challenging the finding of conviction but it is submitted that the occurrence relates back to the year 2014 and the appellant has already served the default sentence of two months and seventeen days, out of total four months of default sentence. Therefore, it is prayed that the default sentence awarded to the appellant for the aforesaid offences may be reduced to the period already undergone by him. 6. On the other hand, the learned Asst. to Addl. Advocate General opposed the submissions made by the learned counsel for the appellant. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case. 7. 6. On the other hand, the learned Asst. to Addl. Advocate General opposed the submissions made by the learned counsel for the appellant. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case. 7. I have perused the evidence of the prosecution as well as defence and the judgment passed by the trial court regarding conviction of the accused-appellant. Learned Asst. to Addl. Advocate General has submitted the custody certificate of the appellant according to which the appellant has so far undergone a period of two months and seventeen days. Thus, undisputedly, the appellant has so far undergone a period of more than two months of default sentence out of the total four months simple imprisonment so also suffered the agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the appellant has remained behind the bars for considerable time, it will be just and proper if the default sentence awarded by the trial court for offence under Sections 28 and 22(3) of Drugs & Cosmetics Act is reduced to the period already undergone by him. 8. Accordingly, the appeal is partly allowed. While maintaining the appellant’s conviction for offence under Sections 28 and 22(3) of Drugs & Cosmetics Act, the default sentence awarded to him is reduced to the period already undergone by him. 9. Application for suspension of sentence is hereby disposed of. The appellant is in custody, he may be released forthwith, if not required in any other case. 10. The record of the trial court, if any, be sent back forthwith.