779 IN THE HIGH COURT OF PUNJAB AND HARYANA KULWINDER SINGH STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. Mr. Nitesh Sharma, DAG, Punjab. HARPREET SINGH BRAR 1. The prayer in the present conviction dated 19.12.2007 learned Judge, Special Court, Bathinda and sentenced for Drugs and Psychotropic Substances Act, 1985 (hereinafter ‘NDPS Act’), registered under Section Bathinda. 2. The kgs of Poppy Husk Section 15 Drugs and Psychotropic Substances Act, 1985 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KULWINDER SINGH @ KINDA V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. H.S. Rakhra, Advocate for the Mr. Nitesh Sharma, DAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) The prayer in the present appeal is to set aside the dated 19.12.2007 and order of sentence dated Judge, Special Court, Bathinda whereby the appellant for the offence punishable under Section Drugs and Psychotropic Substances Act, 1985 (hereinafter , in the case stemming from FIR No. under Section 15 of NDPS Act at Police Station The appellant was sentenced for keeping in his possession Poppy Husk, as mentioned below : Offence 15 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 Rigorous imprisonment for a period of nine months Rs.2,000/ of fine, to further undergo months. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-43-SB-2008 Date of decision: 03.04.2025 ...APPELLANT ...RESPONDENT HARPREET SINGH BRAR Advocate for the appellant. appeal is to set aside the judgment of and order of sentence dated 20.12.2007 passed by whereby the appellant was convicted the offence punishable under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as in the case stemming from FIR No.46 dated 31.01.2004 Act at Police Station Kotwali, District for keeping in his possession 5.700 Sentence Rigorous imprisonment for a period nine months and to pay fine of 2,000/- and in default of payment of fine, to further undergo RI for 02 MANISHA 2025.04.07 17:33 I attest to the accuracy and authenticiy of this order/judgment CRA-S-43-SB-2008 3. Learned Counsel for the the impugned judgment of conviction dated Judge, Special Court, Bathinda modification of the order on quantum of sentence sentence already undergone by the appellant the appellant has undergone a per involved in any other case. 4. Per contra appellant as the learned Court below has passed a well based on correct appreciation of evidence avail not deserve any leniency. 5. Having heard learned counsel for the parties and after perusing the record with their able assistance, it transpires that the appellant convicted for being in possession of under the purview appellant has undergone a period of sentence of nine months is no minimum punishment prescribed under Section non-commercial quantity interest of justice, if the sentence awarded to the appellant is reduced to the period already undergone by 6. In Deo Narain Mandal vs. State of U.P. (2004) 7 SCC 257 Hon'ble Supreme Court has opined that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the statute with re 2008 2 Learned Counsel for the appellant submits that he is not assailing the impugned judgment of conviction dated 19.12.2007 Judge, Special Court, Bathinda on merits and restricts his prayer to modification of the order on quantum of sentence sentence already undergone by the appellant. As per the custody certificate, the appellant has undergone a period of 03 months involved in any other case. Per contra, learned State counsel opposes the prayer of the appellant as the learned Court below has passed a well based on correct appreciation of evidence available on record as such, deserve any leniency. Having heard learned counsel for the parties and after perusing the record with their able assistance, it transpires that the appellant convicted for being in possession of 5.700 kg purview of Section 15 NDPS Act. As per the custody certificate, the appellant has undergone a period of 03 months nine months and he is not involved in any other case is no minimum punishment prescribed under Section commercial quantity this Court is of the opinion that it would be in the interest of justice, if the sentence awarded to the appellant is reduced to the undergone by him. Deo Narain Mandal vs. State of U.P. (2004) 7 SCC 257 Hon'ble Supreme Court has opined that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the statute with regard to the period of sentence, a discretionary submits that he is not assailing 19.12.2007 passed by learned on merits and restricts his prayer to modification of the order on quantum of sentence dated 20.12.2007 to that of As per the custody certificate, 03 months and 16 days and he is not , learned State counsel opposes the prayer of the appellant as the learned Court below has passed a well-reasoned judgment able on record as such, he does Having heard learned counsel for the parties and after perusing the record with their able assistance, it transpires that the appellant was kgs of Poppy Husk, which falls As per the custody certificate, the 03 months and 16 days, out of total he is not involved in any other case. Since there is no minimum punishment prescribed under Section 15 NDPS Act, for the this Court is of the opinion that it would be in the interest of justice, if the sentence awarded to the appellant is reduced to the Deo Narain Mandal vs. State of U.P. (2004) 7 SCC 257, the Hon'ble Supreme Court has opined that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is gard to the period of sentence, a discretionary MANISHA 2025.04.07 17:33 I attest to the accuracy and authenticiy of this order/judgment CRA-S-43-SB-2008 element is vested in the Court. Background of each case, which includes factors like gravity of the offence, manner in which the offence is committed, age of the accused, should be considered while determin sentence and this discretion is not to be used arbitrarily or whimsically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as lenient. 7. Further, the Hon'ble Supreme Court in of AP AIR 2017 SC 1166 serves a social purpose as it acts as a deterrent by making the the damage caused not only to the victim but also to the society at large. The law in this regard is well settled that opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner in which the crime was committed and the conduct of the accused to strike a balance between the efficacy of law and the chances of reformation of the accused. 8. A perusal of the judgment trial Court indicates no perversity in its findings and the same is based on correct appreciation of evidence available on record. However, the FIR (supra) was lodged on agony of trial for into law-abiding citizen 9. Therefore, in view of the discussion above, disposed of in the following terms: 2008 3 element is vested in the Court. Background of each case, which includes factors like gravity of the offence, manner in which the offence is committed, age of the accused, should be considered while determin sentence and this discretion is not to be used arbitrarily or whimsically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither vely harsh nor does it come across as lenient. Further, the Hon'ble Supreme Court in of AP AIR 2017 SC 1166, has reiterated that the imposition of sentence also serves a social purpose as it acts as a deterrent by making the the damage caused not only to the victim but also to the society at large. The law in this regard is well settled that opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending nces of each case by noticing the nature of the crime, the manner in which the crime was committed and the conduct of the accused to strike a balance between the efficacy of law and the chances of reformation of the A perusal of the judgment of conviction passed by the learned trial Court indicates no perversity in its findings and the same is based on correct appreciation of evidence available on record. However, the FIR ) was lodged on 31.01.2004 and the appellant agony of trial for last more than 21 years. Since abiding citizen and desires to live a peaceful life. Therefore, in view of the discussion above, disposed of in the following terms:- element is vested in the Court. Background of each case, which includes factors like gravity of the offence, manner in which the offence is committed, age of the accused, should be considered while determining the quantum of sentence and this discretion is not to be used arbitrarily or whimsically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither vely harsh nor does it come across as lenient. Further, the Hon'ble Supreme Court in Ravada Sasikala vs. State , has reiterated that the imposition of sentence also serves a social purpose as it acts as a deterrent by making the accused realise the damage caused not only to the victim but also to the society at large. The law in this regard is well settled that opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending nces of each case by noticing the nature of the crime, the manner in which the crime was committed and the conduct of the accused to strike a balance between the efficacy of law and the chances of reformation of the of conviction passed by the learned trial Court indicates no perversity in its findings and the same is based on correct appreciation of evidence available on record. However, the FIR and the appellant has been suffering the years. Since his conviction, he has grown to live a peaceful life. Therefore, in view of the discussion above, present appeal is MANISHA 2025.04.07 17:33 I attest to the accuracy and authenticiy of this order/judgment CRA-S-43-SB-2008 (i) The judgment dated Special Court, Bathinda (ii) The order of sentence extent that the sentence of rigorous imprisonment for and fine of Rs. the appellant is reduced to the period of sentence already undergone by April 03, 2025 manisha (i) (ii) 2008 4 (i) The judgment dated 19.12.2007 Special Court, Bathinda is upheld. (ii) The order of sentence dated 20.12.2007 extent that the sentence of rigorous imprisonment for and fine of Rs.2,000/- along with default mechanism awarded to the appellant is reduced to the period of sentence already undergone by him. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable 19.12.2007 passed by the learned Judge, 20.12.2007 is modified to the extent that the sentence of rigorous imprisonment for nine months ng with default mechanism awarded to the appellant is reduced to the period of sentence already HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.07 17:33 I attest to the accuracy and authenticiy of this order/judgment