Punjab-Haryana High Court
Surjeet And Another vs State Of Haryana on 11 March, 2024
Neutral Citation No:=2024:PHHC:034772
CRA-S-616-2024 (O&M) 2024:PHHC:034772
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRA-S-616-2024 (O&M)
Date of decision: 11.03.2024
SURJEET AND ANOTHER
....Appellants.
Versus
STATE OF HARYANA
....Respondent.
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY
Present:- Mr. Ajay Arora Bharti, Advocate,
for Ms. Divya Narula, Advocate,
for the applicants-appellants.
Mr. Surender Singh, AAG, Haryana.
*****
SANJIV BERRY, J. (ORAL)
CRM-6975-2024
1. Keeping in view the averments made in the application,
exemption from filing the certified judgment/order dated 12.01.2024 is
allowed.
2. Disposed of.
Main appeal
1. Instant appeal has been preferred against the judgment of
conviction and order of sentence dated 12.01.2024, passed by learned
Additional Sessions Judge-Cum-Judge Special Court (under NDPS
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Act, 1985), Kaithal, whereby the appellants had been held guilty in
case FIR No.124 dated 07.10.2016, under Sections 15 and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, 'the
NDPS Act') registered at Police Station Siwan Kaithal, Appellants
were sentenced as under: -
Name of Offence Period of sentence Period of sentence
convict and fine imposed in default of
payment of fine.
Surjeet 15(b) of the RI for 06 months SI for 01 month
Guman Ram NDPS Act with a fine of each
Rs. 10,000/- each
2. Feeling aggrieved by the aforesaid conviction and
sentence, instant appeal was filed on 05.02.2024. However, learned
counsel for the appellants has limited his prayer to modify the order of
sentence dated 12.01.2024 (supra), so as to sentence the appellants for
the period already undergone by them.
3. Learned State Counsel has produced the custody certificate
dated 27.02.2024 to contend that the appellants have already undergone
more than 03 months out of the total sentence of six months awarded to
them. He does not oppose the prayer made by learned counsel for the
appellants.
4. Although the learned counsel for the appellants have not
challenged the genuineness of the impugned judgment of conviction
dated 12.01.2024 but yet from the perusal of the impugned judgment, it
transpires that it is based on correct appreciation of evidence on record
and is not suffered from any infirmity so as to call for any interference.
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As a consequent the conviction recorded vide judgment dated
12.01.2024 by learned Additional Sessions Judge-Cum-Judge Special
Court Kaithal against the appellants is hereby upheld.
5. Coming to the limited request raised by the learned
counsel for the appellants in this case seeking modification of order of
sentence dated 12.01.2024 and keeping in view the fact that the
appellants have no criminal antecedents, it is observed that the State
counsel has also not disputed the fact that the appellants are not having
any criminal track and are first offenders. As per the custody
certificate, the appellants have already undergone more than 3 months
of their actual custody, therefore, in these circumstances considering
the fact that the appellants are not previous offenders and have already
undergone more than 3 months of actual custody out of 6 months vide
the impugned order of sentence dated 12.01.2024.
6. Resultantly, in these circumstances of the case, the
impugned order of sentence dated 12.01.2024 is modified to the period
already undergone by the petitioner in custody, therefore, the present
appeal is disposed of with the modification in the impugned order of
sentence dated 12.01.2024 passed by learned Additional Sessions
Judge-cum-Judge, Special Court, Kaithal, thereby reducing the
sentence of the petitioner already undergone by them subject to
payment of ₹10,000/- as fine imposed vide impugned order dated
12.01.2024 in default of the payment of fine they have to further
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undergo simple imprisonment for one month each.
7. Pending application(s), if any, shall stands disposed of.
(SANJIV BERRY)
11.03.2024 JUDGE
Gyan
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
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