Kala Singh vs State Of Haryana
2022 Latest Caselaw 14695 P&H

                                  IN THE HIGH COURT OF PUNJAB AND HARYANA
                                               AT CHANDIGARH
                     307
                                                                            CRA-S-332-SB-2006
                                                                            Decided on : 18.11.2022

                     Kala Singh
                                                                                      . . . Appellant(s)
                                                          Versus
                     State of Haryana
                                                                                   . . . Respondent(s)

                     CORAM:        HON'BLE MR. JUSTICE SANJAY VASHISTH

                     PRESENT: None for the appellant(s).

                                   Mr. Vikas Bhardwaj, AAG, Haryana.
                                                         ****

                     SANJAY VASHISTH, J. (Oral)

On 10.11.2022, following order was passed:-

"On second call also, no one has put in appearance on behalf of the appellant. Let bailable warrants of arrest be issued against the appellant, for 18.11.2022, as a first attempt to secure his presence.

It is also made clear that if no counsel appears on behalf of the appellant on the next date of hearing also, order dated 17.02.2006, by which the appellant was granted bail, will be considered again."

Today again, there is neither any representation on behalf of the

appellant, nor report of the office, regarding service of bailable warrants is

available.

However, learned State counsel has filed the custody certificate

dated 17.11.2022 in Court today, which is taken on record, subject to all just

exceptions. Office to tag the same at appropriate place.

Vide judgment dated 01.12.2005 and order of sentence dated

02.12.2005, passed by Ld. Judge, Special Court, Karnal, in Sessions Case No.

6/03, dated 24.01.2003, arising from FIR No.364, dated 05.12.2002, lodged

JAWALA RAM 2022.11.22 13:43 I attest to the accuracy and integrity of this document

under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985

(fore brevity, 'NDPS Act'), registered at Police Station Civil Lines, Karnal,

appellant was convicted for keeping in possession 15.00 kg. poppy-husk

without any licence or permit, and was sentenced to undergo rigorous

imprisonment for 1¼ years, and was also ordered to pay a fine of Rs.3500/-, for

the offence punishable under Section 15(b) of the NDPS Act. The appellant

was required to further undergo rigorous imprisonment for a period of two

months, in default of payment of fine.

From the custody certificate filed by learned State counsel in Court

today, it is found that appellant has already undergone the total awarded period

of sentence, because appellant has undergone a total period of 01 year, 05

month and 01 day, including the custody as under trial.

Therefore, in the absence of any representation from the side of

counsel for the appellant, there is no other option with the Court except to rely

upon the custody certificate dated 17.11.2022, and the factum of releasing of the

appellant on expiry of sentence on 08.11.2006, which fact is mentioned in the

custody certificate also. Therefore, nothing much is left for the appellant to

agitate in the appeal, as he has already undergone total period of sentence as

awarded by Ld. Trial Court in its order of sentence dated 02.12.2005.

In view of the aforementioned circumstances, there does not

appear to be any need for appellant also to get the appeal examined in detail.

Appeal stands disposed of, accordingly.

(SANJAY VASHISTH) JUDGE November 18, 2022 J.Ram

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

JAWALA RAM 2022.11.22 13:43 I attest to the accuracy and integrity of this document