IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 207 CRR-2404-2008 Date of Decision.:03.03.2025 Sonu …..Pe**oner Vs. State of Punjab .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. S.S. Majithia, Advocate for the peoner. Mr. Rajeev K. Takkar, DAG, Punjab. **** DEEPAK GUPTA, J. (ORAL) Peoner was convicted by learned JMIC, Amritsar on 25.10.2007 in a case arising out of FIR No.152 of 2005 registered at Police Staon Sadar, Amritsar under Secon 22 of the NDPS Act for keeping in his possession 02 gms of smack, found on 01.05.2005 by the police party. Vide separate order, the peoner was sentenced to undergo rigorous imprisonment for a period of 04 months. In the appeal filed by the peoner, though the convicon was maintained but the sentence was reduced to 02 months rigorous imprisonment as per judgment dated 03.11.2008 of learned Addional Sessions Judge, Amritsar. 2. Present appeal has been filed against the abovesaid convicon and sentence. 3. At the outset, learned counsel for the peoner-convict submits that peoner will be sasfied, in case, peoner is sentenced for the period already undergone by him by maintaining the convicon. NEETIKA TUTEJA 2025.03.05 10:38 I attest to the accuracy and integrity of this document CRR-2404-2008 -2- 4. Learned State counsel has not raised any serious objecon to the said prayer. 5. In view of the statement made by learned counsel for the peoner, the appeal against the convicon as recorded by the Courts below, is hereby dismissed as withdrawn. 6. As far as quantum of sentence is concerned, the peoner has been convicted for possessing only 02 grams of smack, which falls in the small quanty. His appeal against convicon was dismissed by the Court of Sessions on 03.11.2008 and immediately, therea;er he was taken into custody. His sentence was suspended by this Court on 01.12.2008. Meaning thereby, peoner has already undergone sentence of almost one month. 7. Considering all the aforesaid facts and circumstances, parcularly the quanty of contraband recovered from peoner, the fact that peoner has already undergone custody period of almost one month and that incident pertains to 2005 i.e. almost 20 years back, the Court is of the view that interest of jusce shall be met in case, peoner is sentenced to the period already undergone by him. 8. As such, the order passed by the learned Appellate Court on the quantum of sentence is modified and the peoner-convict is sentenced for the period already undergone by him. Disposed of. (DEEPAK GUPTA) JUDGE March 03, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.03.05 10:38 I attest to the accuracy and integrity of this document