Punjab-Haryana High Court
Gurmeet Singh vs State Of Punjab on 22 April, 2024
Neutral Citation No:=2024:PHHC:054271
Neutral Citation No. 2024:PHHC:054271
224
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM No. 7581 of 2024 in/and
CRA-S No. 663 of 2024 (O&M)
Date of Decision: 22.04.2024
Gurmeet Singh
.......... Appellant
Versus
State of Punjab
.......... Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Manjinder Singh Saini, Advocate
for the applicant-appellant.
Mr. Rahul Jindal, Assistant Advocate General, Punjab
****
HARKESH MANUJA, J. (ORAL)
CRM-7581-2024
Prayer in the present application moved on behalf of the
applicant-appellant is for suspension of remaining sentence during pendency
of the appeal.
At the outset, learned counsel for the applicant-appellant does
not press the present application, however, prays for hearing the appeal.
Learned State Counsel has no objection against the aforesaid
limited prayer made on behalf of the applicant-appellant.
In view of the above, present application is dismissed as not
pressed and with the consent of learned counsel for the parties, the main
appeal is taken up today itself.
MAIN APPEAL
The appellant, by way of present appeal, seeks setting aside of
the judgment of conviction and order of sentence dated 30.01.2024 passed
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Neutral Citation No:=2024:PHHC:054271
CRM No. 7581 of 2024 in/and
by the learned Judge Special Court, Rupnagar, whereby he was convicted for
an offence under Section 22(B) of the Narcotics Drugs and Psychotropic
Substances Act, 1985 (for short "NDPS Act"), for keeping in his conscious
possession 03 kgs. Gaanja without any permit or license on 17.06.2020 and
sentenced to undergo rigorous imprisonment for a period of one year and
also to pay fine of Rs. 5,000/- alongwith default mechanism.
[2] At the outset, learned counsel for the appellant stated at the Bar
that he does press this appeal against the judgment of conviction, however,
submits that the appellant has two minor children and his father is a labourer,
besides this, he is a first time offender, thus, his sentence may be reduced to
the period already undergone by him as he has already undergone the actual
sentence of more than 03 months. Learned counsel also submits that the
appellant is ready to deposit the fine amount of Rs. 5,000/- imposed upon
him.
[3] Learned State Counsel vehemently opposes the aforesaid prayer
made on behalf of the appellant, stating that the appellant was found in
conscious possession of 3 kgs. Gaanja and therefore, no leniency be shown
to him. However, he produced the custody certificate which indicates that as
on 20.04.2024, the appellant has undergone an actual sentence of 03 months
and 04 days out of total one year. It has also been mentioned that no other
criminal case is pending against him.
[4] I have heard learned counsel for the parties and gone through
the paper-book.
[5] A perusal of the impugned judgment would reveal that the
appellant has been convicted for keeping in possession of 03 kgs. Gaanja
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CRM No. 7581 of 2024 in/and
containing narcotic drugs and psychotropic substance Tetrohydrocannabinol
and other Cannabinoids, which, concededly, falls in the non-commercial
category.
[6] Having noticed the aforesaid facts and in view of the statement
made by learned counsel for the appellant, present appeal against the
judgment of conviction dated 30.01.2024 is hereby confirmed.
[7] As far as the impugned order of sentence is concerned, having
regard to the fact that the recovered quantity of the contraband falls within
the ambit of non-commercial category and the appellant has already
undergone the actual sentence of 03 months and 04 days; he has already
faced agony of protracted trial of almost four years; he is a young man of
around 26 years of age and as per custody certificate, is not a previous
convict; he is the sole bread earner of the family and not indulged himself in
any offence while on bail; thus, keeping in view the reformatory theory of
punishment, order of the sentence is modified and his sentence is reduced to
the period already undergone by him, subject to the condition that he shall
deposit the fine amount of Rs. 5,000/- as imposed by the trial Court
concerned.
[8] Disposed off accordingly.
April 22, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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