Showing leniency to convict Prem Singh Rawat, Additional Sessions Judge M K Nagpal also set off his sentence against the jail term already served by him during his trial. The court showed leniency to the convict because he had pleaded guilty.
The court in its judgement also noted that since his arrest no one from his family came to rescue him and he is so poor that he cannot even marry and settle in life.
"The accused is in custody, since the date of his arrest (February 15, 2012) and period of over five months has already passed. He has been languishing in jail as even no member of his family has come forward for his rescue or even to bail him out.
"Therefore... The convict is sentenced to the period of imprisonment already undergone by him," said the court, while also imposing a fine of Rs 1,000 on him.
The court said "Rawat has been held guilty and convicted for possessing 8 grams of smack, which just exceeds the small quantity of 5 grams of the above contraband substance prescribed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
"Though the offence under Section 21 (b) of the NDPS Act has been proved against Rawat, which carries an imprisonment extending up to 10 years and also a fine extending up to Rs 1 Lakh, but the quantity found in his possession just exceeds the small quantity, which is punishable under Section 21 (a) of the NDPS Act and it carries a imprisonment extending up to six months or a fine extending up to Rs 10,000 only or both," said the court, while convicting Rawat for the lesser offence.
