Punjab-Haryana High Court
Hari Kishan vs State Of Haryana on 8 December, 2023
2023: PHHC:157396
210 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRA-S-1716-SB-2010 (O&M)
Date of decision:08.12.2023
HARI KISHAN .... Appellant
Verses
STATE OF HARYANA .. Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Jatin Kundu, Advocate and
Mr. Sachin Kumar, Advocate for
Mr. K. S. Dhaliwal, Advocate
for the appellant.
Mr. Viney Phogat, Addl.A.G., Haryana.
KKK
HARKESH MANUJA, J (Oral):
1. By way of present appeal, challenge has been made to the
judgment dated 16/17.07.2010 passed by the court of learned Additional
Sessions Judge (Fast Track Court), Hisar, whereby, appellant was
convicted under Sections 15 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/-in default of payment of fine to further undergo rigorous
imprisonment for a period of fifteen days.
2. Facts of the case are that the appellant was arrayed as accused
in FIR No.678 dated 12.09.2008, under Section 15 of the NDPS Act, 1985
registered at Police Station City Hisar, Hisar, for having possessed of 3 kg
50 gm of poppy husk. On the basis of the evidence recorded, learned trial
court convicted and sentenced the appellant vide judgment dated
3. At the very outset, learned counsel for the appellant submits
that he restricts his prayer only to the reduction of sentence awarded and
NEELAM. «ages not challenge the judgment of conviction. It is contended that out of a
NEELAM
CRA-S-1716-SB-2010 (O&M) 2 2023:PHHC:157396
period of one year of his sentence, the petitioner has already undergone
actual sentence of 01 months and 19 days. 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 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
T otiest to the securacy ald has made a healthy contribution to the word treasury of criminology.
integrity of this document
CRA-S-1716-SB-2010 (O&M) 3 2023: PHHC:157396
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 freeroaming 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 02 months,
besides he being a old man aged about 83 years carrying infirm health, not
involved in any other case since the date of registration of present FIR for
the past almost 13 years and the recovery involved being non-commercial
quantity of poppy husk 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 undergone by him, however,
the sentence of fine has to be paid. Except with the modification in
quantum of sentence and fine, as indicated herein above, the appeal is
allowed.
(HARKESH MANUJA)
08.12.2023 JUDGE
neelam
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
