Punjab-Haryana High Court
Balwinder Singh @ Binder vs State Of Punjab on 27 April, 2023
Neutral Citation No:=2023:PHHC:061445
2023:PHHC:061445
CRA-S-3352-SB-2013 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CRA-S-3352-SB-2013
Date of Decision: 27.04.2023
Balwinder Singh @ Bhinder ...Appellant...
Versus
State of Punjab ...Respondent
CORAM:- HON'BLE MR. JUSTICE HARKESH MANUJA
Present:- Mr. Charanjit Sharma, Advocate
for the appellant.
Mr. Amit Shukla, AAG, Punjab.
****
HARKESH MANUJA, J.
1. By way of present appeal, challenge has been made to the
judgment dated 06.09.2013 passed by the court of learned Special Judge,
Fazilka, whereby, appellant was convicted under Section 18 of the NDPS
Act, 1985 and sentenced to undergo rigorous imprisonment for a period of
one year and to pay fine of Rs.10,000/- or in default to further undergo
rigorous imprisonment for a period of three months.
2. Facts of the case are that the appellant was arrayed as accused
in FIR No.74 dated 18.07.2011, under Section 18 of the NDPS Act, 1985
registered at Police Station Arniwala, for having in possession of 1 kg of
opium. On the basis of the evidence recorded, learned trial court convicted
and sentenced the appellant as mentioned in para 1 of this judgment, vide
judgment dated 06.09.2013.
3. At the very outset, learned counsel for the appellant submits
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that he restricts his prayer only to the reduction of sentence awarded and
does not challenge the judgment of conviction. It is contended that out of a
period of one year of his sentence, he has already undergone actual
sentence of 04 months and 7 days, out of 01 year. He further submits that
there is no other case registered against the appellant and the contraband
recovered from the appellant is of non-commercial quantity.
4. On the other hand, learned State counsel opposes the prayer
made on behalf of the appellant for reduction in the sentence.
5. I have heard learned counsel for the parties and perused the
paper book, I find substance in the submission made on behalf of the
appellant regarding reduction of sentence.
6. On perusal of judgment passed by the court below, I am of the
considered view that the trial court has rightly appreciated the evidence on
the record while holding the appellant guilty of the charge framed against
him. There is no infirmity or illegality in the findings given by the Court
below. Therefore, the conviction of the appellant is, thus, affirmed.
7. Even the counsel for the appellant has not assailed the
judgment of conviction and has pleaded for reduction of quantum of
sentence, to the period already undergone while referring to the judgments
passed by this Court in CRA-S-660-SB-2005, titled as "Lakhwinder
Kumar vs. State of Punjab" decided on 03.03.2023, "Mohinder Singh vs.
State of Punjab", 2018(2) Law Herald 1678 and "Rajinder Singh vs. State
of Punjab", 2019(4) RCR (Criminal) 711. Paras No.9 to 11 of Lakhwinder
Kumar's case (supra) are relevant, which are reproduced hereunder:-
"9. On the issue of reformatory theory in context to
any wrong doer, His Lordship V.R. Krishna Iyer, J., of
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Hon'ble Apex Court, in case titled as "Mohammad
Giasuddin v. State of Andhra Pradesh, (1977) 3 SCC
287, has observed as under:-
"5. If every saint has a past, every sinner has a
future, and it is the role of law to remind both of this.
The Indian legal genius of old has made a healthy
contribution to the word treasury of criminology. The
drawback of out criminal process is that often they are
built on the bricks of impressionist opinions and dated
values. Ignoring empirical studies and deeper
researches."
(emphasis added)
10. In case titled as "Satish @ Sabbe v. State
of Uttar Pradesh (Special Leave Petition (Crl.)
No.7369 of 2019, decided on 30.09.2020), His
Lordship Surya Kant, J., says as:
"Whilst it is undoubtedly true that society has a
right to lead a peaceful and fearless life, without free-
roaming criminal creating havoc in the lives of
ordinary peace loving citizens. But equally strong is the
foundation of reformative theory which propounds that
a civilised society cannot be achieved only through
punitive attitudes and vindictiveness; and that instead
public harmony, brotherhood and mutual acceptability
ought to be fostered. Thus, first time offenders ought to
be liberally accorded a chance to repent their past and
look-forward to a bright future."
(emphasis added)
11. This Court also can not ignore the observation
made by their Lordships' of Hon'ble Apex Court in the
case of Commissioner of Police and others vs.
Sandeep Kumar, (2011) 4 SCC 644:-
"9..... The modern approach should be to reform
a person instead of branding him as a criminal all his
life."
8. Considering the facts of the present case, wherein the appellant
has already undergone actual sentence for a period of almost 04 months,
besides he being a young man, not involved in any other case since the date
of registration of present FIR for the past almost 12 years and the recovery
involved being non-commercial quantity of opium as well as keeping in
mind the law laid down in the aforementioned judgments, the sentence
awarded to the appellant is ordered to be reduced to the period already
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undergone by him, however, the sentence of fine is enhanced from
Rs.10,000/- to Rs.20,000/-. Except with the modification in quantum of
sentence and fine, as indicated herein above, the appeal is dismissed.
27.04.2023 (HARKESH MANUJA)
sonika JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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