Punjab-Haryana High Court
Bharat Khanna vs State Of Punjab on 23 January, 2024
Neutral Citation No:=2024:PHHC:008602
CRA-S-2207-SB-2004 (O&M) 2024:PHHC:008602
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
118 CRA-S-2207-SB-2004 (O&M)
Date of decision: 23.01.2024
Bharat Khanna
....Appellant
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Rajneesh Malhotra, Advocate for the appellant.
Mr. Manipal Singh Atwal, DAG, Punjab.
*****
AMAN CHAUDHARY, J.
1. Challenge in the present appeal is to the judgment/order dated
05/06.10.2004, passed by the learned Judge Special Court, Jalandhar, whereby
the appellant was convicted and sentenced to undergo rigorous imprisonment for
one year and three months alongwith fine of Rs.2000/- and in default of payment
of the same, to further undergo rigorous imprisonment for one month, for the
offence punishable under Section 18 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'the Act')
2. Shorn and short of unnecessary details, the facts culminating in the
filing of the present appeal are that on 13.06.2001, when Inspector Gian Singh
alongwith other police officials were on patrolling duty in connection with the
checking of miscreants and suspected vehicles, they apprehended the accused
along with two more persons possessing a jhola. After apprising them about their
rights, search was conducted in the presence of a Gazetted Officer and recovery
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of 50 gms. of opium was effected. The requisite samples were drawn and sealed.
Ruqa was sent on the basis of form A after which an FIR was got registered.
3. After completion of investigation, final report under Section 173
Cr.P.C. was presented in the Court against the accused. On finding a prima facie
case, charges were framed against him, to which he pleaded not guilty and
claimed trial.
4. The prosecution, in order to prove its case, examined as many as 4
witnesses. Thereafter, the statement of the accused was recorded under Section
313 Cr.P.C., whereby incriminating evidence was put to him, which he denied.
He pleaded innocence and false implication.
5. The trial Court came to the conclusion that prosecution has proved
its case beyond a shadow of reasonable doubt, and accordingly convicted and
sentenced the appellant as mentioned in para No.1 above.
6. Hence, the present criminal appeal.
7. Learned counsel for the appellant, at the very outset, gives up the
challenge to him conviction and prays for reducing the sentence to the period
already undergone it being 10 months and 26 days on the ground that he is not
involved in any other case under this Act; sole bread winner of the family;
belongs to poor strata of society; aged about 47 years; recovery was non-
commercial; never misused the concession of bail and has been facing the agony
of protracted trial for the last 23 years. In support of his submissions, he relies on
S.K. Sakkar @ Mannan vs. State of West Bengal, (2021) 4 SCC 483, Issak
Nabab Shah vs. State of Maharashtra, (2020) SCC OnLine SC 1174 and the
judgment passed by this Court in the case of Naresh Kumar vs. State of
Haryana in CRA-S-796-SB-2005, decided on 24.02.2023.
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8. Learned State counsel opposes the appeal on the ground that the trial
Court after evaluating the evidence has rightly convicted the appellant and the
sentence awarded to her cannot be said to be excessive, therefore, he prays for
the dismissal of the present appeal. He, however, affirms the fact of the non-
involvement of the appellant in any other case under this Act as per the custody
certificate.
9. Heard the learned counsel on either side and perused the record with
their able assistance.
10. Evidently, PW-3 Inspector Gian Singh had deposed that the
accused-appellant was apprehended and found to be in conscious possession of
the alleged contraband, which fact was corroborated by PW4-DSP Ashok Bath.
The Chemical Examiner, who after due examination, in his report, Ex.PH, opined
it to be opium. The link evidence is also complete and the defence of being
falsely implicated was found to be an afterthought. Thus, the trial Court has
rightly convicted the appellant and there is no scope for interference in the
findings recorded therewith and the conclusion arrived at. As such, his conviction
is upheld.
11. Insofar as the prayer for reducing the sentence to the period already
undergone is concerned, it would be worthwhile to make a reference to the
judgment in SK. Sakkar @ Mannan (supra), wherein the accused was convicted
under Section 20 of the Act and Hon'ble the Supreme Court reduced the sentence
of five years to 2 years, 4 months and 16 days, by considering that the occurrence
took place in 1997 and he was not a habitual offender, rather a first-time convict.
12. Furthermore, in Naresh Kumar (supra), the sentence of the appellant
i.e. 3 years and 6 months, convicted under Section 15 of the Act, was modified to
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the period undergone i.e. 8 months and 25 days already, by holding that no useful
purpose will be served by sending him to jail after 22 years from the date of
incident, in view of the fact that he was only about 28 years old at that time.
13. This Court, considering the judgments referred to above and the
mitigating circumstances as pointed out by learned counsel for the appellant, finds
that the ends of justice would be adequately served if the sentence of appellant is
reduced to the period already undergone by him, while keeping the fine intact.
14. The order of sentence dated 06.10.2004 is modified to the aforesaid
extent and as such, the present petition stands partly allowed.
(AMAN CHAUDHARY)
JUDGE
23.01.2024
ashok
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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