CRA-D No.191-DB of 2016 (O&M) -1- 106 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D No.191-DB of 2016 (O&M) Date of Decision: 16.07.2026 Kulwant Singh @ Manga ..... Appellant Versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ HON’BLE MR. JUSTICE DEEPAK MANCHANDA *** Present: Mr. Sandeep Verma, Advocate for the appellant. Mr. Raj Karan Singh, Asstt. A.G., Punjab. *** RAJESH BHARDWAJ, J. 1. Present appeal has been filed by the appellant, namely, Kulwant Singh @ Manga against the judgment and order dated 23.09.2015 passed by the learned Judge, Special Court, Moga vide which he was convicted in a case bearing FIR No.113, dated 10.08.2012, under Section 22 of NDPS Act, registered at Police Station Dharamkot and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for 01 year under Section 22(c) of NDPS Act. 2. Succinctly the facts of the case are that on 10.08.2012, Inspector Jasvir Singh along with Head Constable Surinder Singh, HC RITTU 2026.07.21 16:16 I attest to the accuracy and integrity of this document CRA-D No.191-DB of 2016 (O&M) -2- Surjit Singh and other police officials were going towards Dharamkot, Jalalabad, Fatehgarh Karotana for patrolling and when they reached near the Govt. School, they saw one young man sitting along the wall of school, who was carrying one plastic bag in his right hand. On seeing the police, he got perplexed and tried to escape, however, on suspicion, he was apprehended by the police party. On asking, he disclosed his name to be Kulwant Singh @ Manga. He was suspected to be carrying some contraband in the plastic bag being carried by him and, thus, search of the same was conducted. On conducting the search of the plastic bag, 1 Kg 250 grams of intoxicant powder were recovered. He failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and he was arrested on the spot. The samples taken, i.e. 50 grams of intoxicant powder, were sent to the FSL. On receipt of the FSL report, the contraband recovered weighs 1250 grams of Dextropropoxyphene hydrochloride salt. However, the investigation was completed and after the trial, the appellant was convicted and sentenced as stated above by the learned trial Court, hence this appeal has been filed by the appellant challenging his conviction and sentenced detailed above. 3. Learned counsel for the appellant has submitted that he does not want to challenge the conviction of appellant on merits but as far as sentence part is concerned, he prays that the same may be reduced to that of already undergone by the appellant. He has submitted that the present case pertains to the year 2012 and the appellant was convicted under Section 22(c) of NDPS Act and sentenced to undergo rigorous RITTU 2026.07.21 16:16 I attest to the accuracy and integrity of this document CRA-D No.191-DB of 2016 (O&M) -3- imprisonment for a period of 12 years and in default of payment of fine, further to undergo 01 year of rigorous imprisonment. He has further submitted that the appellant has already undergone the complete sentence awarded to him under Section 22 of NDPS Act, i.e. 12 years. However, due to his poor financial condition, he is unable to pay the fine and has also undergone the sentence of 06 months and 02 days, out of the total awarded sentence of one year in default of payment of fine, thus, he has already undergone the total sentence of 12 years, 06 months and 02 days. He has further submitted that though the appellant is involved in 02 other cases, however, in 01 case, he has been acquitted. He has submitted that as such a lenient view be taken and the sentence awarded be reduced to that of already undergone. 4. Custody certificate of the appellant dated 15.07.2026 has been filed by learned State counsel today in the Court and the same is taken on record. Copy thereof has been supplied to learned counsel for the appellant. 5. Learned counsel for the State has opposed the contentions raised by learned counsel for the appellant. He has submitted that the appellant is involved in two more cases. He has submitted that the present appeal is liable to be dismissed. 6. Heard. 7. Admittedly the present case pertains to year 2012 and the appellant was convicted and sentenced, as stated above, in the year 2015 and thus, he has faced the rigorous of the present case from last more RITTU 2026.07.21 16:16 I attest to the accuracy and integrity of this document CRA-D No.191-DB of 2016 (O&M) -4- than 14 years. There is nothing on record to show that during this period, the appellant has indulged in any unlawful activity. A perusal of the custody certificate produced by the learned State counsel shows that the appellant is involved in two more cases, however he has been acquitted in one case. It further reflects that the appellant has already undergone the sentence of 12 years, 06 months and 02 days as on 15.07.2026. 8. Keeping in view all the abovesaid factors into consideration, the conviction awarded by the learned trial Court to the appellant is upheld and maintained as the same has not been challenged on merits. As far as the sentence part is concerned, this Court deems it appropriate to reduce the sentence to the period already undergone by the appellant. 9. With the above said observations, the appeal stands disposed of. Pending application bearing CRM-2717-2019, also stands disposed of. (RAJESH BHARDWAJ) JUDGE (DEEPAK MANCHANDA) 16.07.2026 JUDGE rittu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RITTU 2026.07.21 16:16 I attest to the accuracy and integrity of this document