Jagdeep Singh vs State Of Punjab
2023 Latest Caselaw 21906 P&H

Punjab-Haryana High Court

Jagdeep Singh vs State Of Punjab on 14 December, 2023

                                                       Neutral Citation No:=2023:PHHC:160992




                                                              2023: PHHC: 160992

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH
                                ****
                                                    CRA-S-990-SB-2017
                                            Date of Decision: 14.12.2023
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JAGDEEP SINGH
                                                           . . . . Appellant
                                 Vs.
State of Punjab
                                                       . . . . Respondent
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CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA
                                ****
Present: - Mr. Vansh Chawla, Advocate, for the appellant.

        Mr. R.S. Khaira, DAG, Punjab.
                              ****
DEEPAK GUPTA, J.

In Sessions case No.98 of 2013 arising out of FIR No.12 dated

26.01.2013 registered at Police Station City Jagraon, District Ludhiana,

appellant-Jagdeep Singh was convicted by the Court of Ld. Special Court,

Ludhiana, vide judgment dated 18.02.2017, under Section 15 (Act N: 61 of

1985) of the Narcotics Drugs and Psychotropic Substances Act, 1985 [for

short 'the NDPS Act'] for keeping in his conscious possession 23 Kg poppy

husk without having permit or license.

2. Vide a separate order of even date, appellant was sentenced to

undergo rigorous imprisonment for a period of 1 year and 6 months and also

to pay fine of `8000/- for committing the said offence with default sentence of

2 months.

3. Feeling aggrieved by the aforesaid conviction and sentence, this

appeal was filed. However, on 07.12.2023, statement was made by ld. counsel

for the appellant so was to withdraw this appeal against the judgment of

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Neutral Citation No:=2023:PHHC:160992

CRA-S-990-SB-2017 2023: PHHC: 160992

conviction, with the limited prayer to modify the order of sentence, so as to

sentence the appellant for the period already undergone by him.

4. Ld. State counsel has no objection to accept the aforesaid prayer.

5. Having perused the impugned judgment, it is found that

conviction has been recorded after proper appreciation of the evidence on

record. As such, keeping in view the statement of ld. counsel for the appellant

made on 07.12.2023, present appeal against the judgment of conviction dated

18.02.2017, is hereby dismissed as withdrawn.

6. As far as the impugned order of sentence is concerned, as per the

custody certificate available on record, appellant has already undergone actual

custody of 2 months and 14 days. He is not involved in any other criminal

case. He has already deposited fine of `8000/- as per the receipt placed on

record.

7. Keeping in view the aforesaid facts, particularly the fact that the

appellant is the first offender and has already undergone sentence of 2 months

and 14 days, it is considered that the period already undergone by the

appellant is adequate enough to meet the ends of justice. As such, the

impugned order dated 18.02.2017, qua the quantum of sentence, passed by ld.

Special Court, is hereby modified. Appellant is sentenced to imprisonment for

the period already undergone by him.

Pending application(s), if any, shall stands disposed of.

(DEEPAK GUPTA) 14.12.2023 JUDGE Vivek

1. Whether speaking/reasoned? Yes

2. Whether reportable? No

Neutral Citation No:=2023:PHHC:160992

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