Ut Of Chandigarh vs Geeta
2024 Latest Caselaw 8127 P&H

Punjab-Haryana High Court

Ut Of Chandigarh vs Geeta on 18 April, 2024

                                      Neutral Citation No:=2024:PHHC:054100



CRA-S-3358-SB-2015                     - 1-         2024:PHHC:054100


234         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH


                                              CRA-S-3358-SB-2015
                                              Date of Decision: 18.04.2024

U.T. Chandigarh                                                    ...Petitioner
                                        vs.
Geeta                                                            ...Respondent



Coram :     Hon'ble Mr. Justice N.S.Shekhawat

Present :   Mr. J.S.Toor, APP. for U.T., Chandigarh.

                   ***

N.S.Shekhawat J.

1. The U.T., Chandigarh has filed the present appeal before this Court

against the impugned judgment and order of sentence dated 05.05.2015 passed

by the learned Judge, Special Court, Chandigarh for its modification to the

extent that the sentence imposed upon the respondent/accused may be

enhanced.

2. It has been submitted that the respondent was held guilty under

Section 20 of the Narcotic Drugs @ Psychotropic Substances Act, 1985

(hereinafter referred to as the NDPS Act), but he was awarded rigorous

imprisonment for a period of 15 days only and to pay a fine of Rs.3,000/-,

which were on lower side.

3. Learned State counsel submits that in the present case, the

prosecution had conclusively proved that the respondent had committed the

offence under Section 20 of the NDPS Act, however while awarding the

sentence, learned trial Court had shown unreasonable leniency in awarding the

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Neutral Citation No:=2024:PHHC:054100

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sentence and the respondent was wrongly sentenced to a period of 15 days.

Learned State counsel further submits that in fact, the menace of drug

trafficking is on the rise in the Union Territory of Chandigarh and such accused

should be dealt with sternly. In the present case, respondent was found having

the conscious possession of 1 kg of ganja and the sentence awarded by the trial

Court was highly inadequate.

4. After hearing learned State counsel, I am of the considered opinion

that the present appeal deserves to be dismissed.

6. In the present case, the FIR was ordered to be registered against the

respondent and she was the sole bread winner of the family. Even the

contraband, which had been allegedly recovered from her, was of small quantity

and she was a first offender. Even as per the provisions of Section 20 of the

NDPS Act, in case involving small quantity, she could be sentenced to the

maximum period of one year. Moreover, she was arrested in the present case on

15.02.2014 and had also faced the trial for a period of about one year and 03

months. Even otherwise, now, a period of about 10 years has lapsed since the

date of recovery and the prosecution has not shown that the respondent was

involved in any other similar activity after her release in May 2015. Thus, there

would be no justification in modifying the impugned judgment and order dated

05.05.2015 passed by the learned Special Court, Chandigarh.

7. Thus, finding no merits, the present appeal is ordered to be

dismissed.

                                                  (N.S.SHEKHAWAT)
18.04.2024.                                             JUDGE
hemlata

                    Whether speaking/reasoned :       Yes/No
                    Whether reportable        :       Yes/No



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