Punjab-Haryana High Court
Maruf vs State Of Haryana on 22 December, 2023
Neutral Citation No:=2023:PHHC:165657
214
CRA-S-3662-2023 (O&M) -1-
Neutral Citation No. 2023:PHHC:165
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRA-S-3662-2023 (O&M)
Date of Decision: 22.12.202
MARUF ... APPELLAN
Versus
STATE OF HARYANA ... RESPONDE
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.
Present:- Mr. Akshay Kumar Dahiya, Advocate,
for the appellant.
Mr. Surender Singh, AAG, Haryana.
SANJIV BERRY, J. (ORAL)
1. Instant appeal has been preferred against the judgmen conviction and order of sentence dated 12.10.2023, passed by lea Additional Sessions Judge/Special Judge, Panipat, whereby the appe had been convicted and sentenced in case FIR No. 209 dated 30.10.2 under Section 21 of the Narcotic Drugs and Psychotropic Substances 1985, (for short, 'the NDPS Act') registered at Police Station San Panipat, for keeping in his conscious possession of 6 gram of he Applicant-appellant was sentenced as under: -
Name of Section Period of sentence Period of sentenc convict and fine imposed in default of payment of fine.
Maruf 21 of 1the
of 3
NDPS RI for 06 months with R.I. for 01 month
Act
::: Downloaded a fine :::
on - 23-12-2023 09:45:22 of Rs. 10,000/-
Neutral Citation No:=2023:PHHC:165657 214 CRA-S-3662-2023 (O&M) -2- Neutral Citation No. 2023:PHHC:165
2. Feeling aggrieved by the aforesaid conviction and sente instant appeal was filed which was admitted on 12.12.2023. Howe learned counsel for the appellant limited his prayer to modify the orde sentence dated 12.10.2023, so as to sentence the appellant for the pe already undergone by him.
3. Learned State Counsel has produced the custody certifi dated 22.12.2023 to contend that the appellant has already undergone m than 04 months out of the total sentence awarded to him. He does not opp the prayer made by learned counsel for the appellant.
4. Having perused the impugned judgment of conviction d 12.10.2023, it is found that conviction has been recorded after pro appreciation of the evidence on record.
5. As such, keeping in view the statement of learned counsel the appellant; further the fact that appellant has already undergone more 04 months of his actual custody; he is not involved in any other crim case, it is considered that the period already undergone by the appellan adequate enough to meet the ends of justice, As such, the impug judgment of conviction and order of suspension dated 12.10.2023, qua quantum of sentence, passed by learned Additional Sessions Judge/Spe Judge, Panipat, is hereby modified. Appellant is sentenced imprisonment for 2 of 3the period already ::: Downloaded on - 23-12-2023 09:45:23 ::: Neutral Citation No:=2023:PHHC:165657 214 CRA-S-3662-2023 (O&M) -3- Neutral Citation No. 2023:PHHC:165 undergone by him.
6. Pending application(s), if any, shall stands disposed of.
(SANJIV BERRY JUDGE 22.12.2023 preeti
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No Neutral Citation No:=2023:PHHC:165657 3 of 3 ::: Downloaded on - 23-12-2023 09:45:23 :::