Punjab-Haryana High Court
Mobina vs State Of Haryana on 3 April, 2024
Neutral Citation No:=2024:PHHC:044857
269 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Neutral Citation No. 2024:PHHC:044857
CRA-S-377-2024 (O&M)
Date of Decision: April 03, 2024
Mobina ...Petitioner
Versus
The State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Sanpreet Sandhu, Advocate for the appellant.
Mr. Randhir Singh, Addl. A.G., Haryana.
DEEPAK GUPTA, J.(Oral)
Custody certificate has been placed on record by learned State
counsel, as per which, appellant has already undergone the custody period of
03 months and 24 days, out of 05 months sentence imposed upon her.
2. Appellant - Mobina wife of Faiju; alongwith co-accused Sahil
alias Chocha S/o Faiju faced trial in case FIR No.428 dated 09.08.2019,
under Section 21 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (hereinafter referred as 'the NDPS Act'), registered at Police Station
Yamuna Nagar, District Yamuna Nagar. Vide judgment dated 23.01.2024,
though Sahil @ Chocha was acquitted but the appellant was convicted under
Section 21 of the NDPS Act, as it was found that prosecution had
successfully proved the recovery of narcotic substance, i.e. smack of 12.92
grams from her possession without any permit or licence. She was
accordingly convicted vide judgment dated 23.01.2024. Vide a separate
order of even date, she was sentenced to undergo rigorous imprisonment for
a period of 05 months and to pay a fine of `5,000/- for committing the said
offence with default sentence of 15 days.
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CRA-S-377-2024 (O&M)
3. Aforesaid conviction and sentence have been assailed in the
present appeal.
4. However, today learned counsel for the appellant has made a
statement, so as to withdraw the appeal against conviction. Learned counsel
confines his prayer to assail the order of sentence only and has made a
prayer for reduction of the sentence to the period already undergone by her.
5. Learned counsel for the appellant contends further that the
appellant is a woman; that she is not involved in any other case nor is a
previous convict; that she has already undergone custody of almost 04
months out of 05 months; and that so looking into the small quantity of
contraband recovered from her, her sentence be reduced.
6. Learned State counsel has no serious objection to the concede to
the aforesaid prayer.
7. Heard.
8. In view of the statement made by learned counsel for the
appellant, the appeal against judgment of conviction dated 23.01.2024 is
hereby dismissed as withdrawn. Even otherwise conviction is found to have
been recorded on the basis of well proved evidence produced on record.
9. As far as, the impugned order of sentence is concerned,
appellant has undergone the custody period of 03 months and 24 days. She
has no other criminal case pending against her. The recovered quantity of
contraband found from the possession of the appellant was 12.92 grams of
smack, which was just above the small quantity, but much below the
commercial category.
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CRA-S-377-2024 (O&M)
10. Learned counsel for the appellant submit that the appellant will
deposit the fine of `5,000/- as imposed upon her.
11. Having regard to all the aforesaid facts and circumstances, the
present appeal against the impugned order of sentence dated 23.01.2024 is
hereby disposed of. The said order is modified by reducing the sentence of
the appellant for the period already undergone by her. However, she has to
pay the fine of `5,000/- as imposed by the Trial Court. It is made clear that
in case, the said fine is not paid, the appellant will have to undergo the
default sentence, as per order of the Trial Court.
Pending application(s) stands disposed of
April 03, 2024 (DEEPAK GUPTA)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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