Punjab-Haryana High Court
Vijay Kumar vs State Of Haryana on 20 March, 2024
Neutral Citation No:=2024:PHHC:040430
S. No.250 2024:PHHC:040430
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
CRA-S-758 of 2024 (O&M)
Date of Decision:20.03.2024
Vijay Kumar .....Appellant
Vs.
State of Haryana .....Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-
Mr. Karan Singh, Advocate for the appellant.
Mr. Randhir Singh, Addl. AG, Haryana.
****
DEEPAK GUPTA, J.
In NDPS Act Case No.09 of 2020 arising out of FIR No.351 dated
29.12.2019 registered at Police Station Kalayat, District Kaithal, accused Vijay
Kumar (now appellant) has been convicted by the Court of learned Special Judge
(NDPS Act), Kaithal under Section 20(b)(ii)(B) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short, `the NDPS Act') vide judgment
dated 08.02.2024. Vide separate order dated 15.02.2024, he was sentenced to
undergo Rigorous Imprisonment for a period of one year and also to pay fine of
`25,000/- with default sentence of three months simple imprisonment.
Against the afore-said judgment of conviction and order of sentence,
the present appeal has been filed.
Today, learned counsel for the appellant has placed on record copy of
the receipt dated 29.02.2024 issued by Superintendent, District Jail, Kaithal so as
to submit that fine of `25,000/- has already been paid by the appellant.
Learned counsel for the appellant has further made a statement so as
to withdraw the present appeal against the judgment of conviction. Learned
counsel confines his prayer against the order of sentence only. Learned counsel
contends that recovery of 1 Kg 750 Grams only of Ganja Phool Patti was effected
from the petitioner, which is just above the small quantity of 1 Kg. It is further
1 of 2
Neutral Citation No:=2024:PHHC:040430
CRA-S-758 of 2024 (O&M) -2- 2024:PHHC:040430
submitted that the appellant is not a previous convict nor any other case is
pending against him and so looking into these circumstances, the appellant may be
sentenced for the period already undergone by him.
Learned State Counsel has no serious objection to the afore-said
prayer.
In view of the afore-said submissions, the present appeal against the
judgment of conviction dated 08.02.2024 is hereby dismissed as withdrawn.
As far as the order of sentence dated 15.02.2024 is concerned, it is
noticed that appellant has been convicted for possessing 1 Kg 760 grams of Ganja
Phool Patti. The small quantity is upto 1 Kg whereas commercial category starts
from 20 Kg. It is thus clear that recovered contraband from the appellant was just
above the small quantity.
The custody certificate as placed on record by learned State Counsel
would reveal that the appellant has already undergone custody period of three
months. He has no other criminal case pending against him. He has already paid
the fine of `25,000/-.
Looking into all the afore-said facts and circumstances, the impugned
order of sentence is hereby modified. The appellant is sentenced to imprisonment
for the period already undergone by him with fine of `25,000/-. As noted above,
fine of `25,000/- has already been paid.
Disposed of.
March 20, 2024 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
2 of 2
