850 IN THE HIGH COURT OF PUNJAB AND HARYANA SHER SINGH STATE OF HARYANA CORAM: HON’BLE MR. Present: Mr. for the Mr. Harkesh Kumar, AAG, Haryana. HARPREET SINGH BRAR 1. The prayer in the present appeal conviction and order of sentence dated 01.03.2008 Additional Sessions Judge, Hisar, sentenced for the offence punishable under Section and Psychotropic Substances Act, 1985 (hereinafter Act’), in the case stemming from FIR No. under Section 15 2. The appellant of Poppy Husk, Section 15 Drugs and Psychotropic Substances Act, 1985 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH V/S HARYANA HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Tara Chand Dhanwal, Advocate for the appellant. Mr. Harkesh Kumar, AAG, Haryana. **** HARPREET SINGH BRAR, J. (ORAL) The prayer in the present appeal is to set aside the conviction and order of sentence dated 01.03.2008 Additional Sessions Judge, Hisar, whereby, the appellant the offence punishable under Section sychotropic Substances Act, 1985 (hereinafter in the case stemming from FIR No.12 dated 11.02.2006 registered 15 of NDPS Act at Police Station GRP, Hisar. The appellant was sentenced for keeping in his possession as mentioned below: Offence 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Rigorous imprisonment for a period of six months Rs.500/- fine, to further undergo days. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-500-SB-2008 Date of decision: 08.04.2025 ...APPELLANT ...RESPONDENT HARPREET SINGH BRAR Advocate Mr. Harkesh Kumar, AAG, Haryana. is to set aside the judgment of conviction and order of sentence dated 01.03.2008 passed by learned the appellant was convicted and the offence punishable under Section 15 of the Narcotic Drugs sychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS 12 dated 11.02.2006 registered Act at Police Station GRP, Hisar. for keeping in his possession 2 kgs Sentence Rigorous imprisonment for a period months and to pay fine of and in default of payment of fine, to further undergo RI for 07 MANISHA 2025.04.09 17:59 I attest to the accuracy and authenticiy of this order/judgment CRA-S-500-SB 3. Learned Counsel for the the impugned judgment of conviction dated Additional Sessions Judge, Hisar modification of the order on quantum of sentence sentence already undergone by the appellant the appellant has undergone a period of other case. 4. Per contra appellant as the learned Court below has passed a well based on correct appreciation of evidence available on record as such, not deserve any 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 the purview of Section appellant has undergone a period of months, in the instant case there is no minimum punishment prescribed under Section for the non-commercial quantity the 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 SB-2008 2 Learned Counsel for the appellant submits that he is not assailing the impugned judgment of conviction dated 01.03.2008 Additional Sessions Judge, Hisar 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 27 days and 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 2 kgs of Poppy Husk, of Section 15 of NDPS Act. As per the custody certificate, the appellant has undergone a period of 27 days in the instant case and he is not involved in any other case there 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 ady 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 01.03.2008 passed by learned merits and restricts his prayer to modification of the order on quantum of sentence dated 01.03.2008 to that of As per the custody certificate, days and he is not involved in any , learned State counsel opposes the prayer of the appellant as the learned Court below has passed a well-reasoned judgment based on correct appreciation of evidence available 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 Poppy Husk, which falls under As per the custody certificate, the days out of total sentence of six he is not involved in any other case. Since there is no minimum punishment prescribed under Section 15 of NDPS Act, 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 regard to the period of sentence, a discretionary MANISHA 2025.04.09 17:59 I attest to the accuracy and authenticiy of this order/judgment CRA-S-500-SB 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 deter 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 t 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 judgme 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: SB-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 deter 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 ssively 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 t 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 stances 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 11.02.2006 and the appellant agony of trial for last more than 19 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 ssively 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 stances 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 nt 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 2025.04.09 17:59 I attest to the accuracy and authenticiy of this order/judgment CRA-S-500-SB (i) The judgment dated Additional Sessions Judge, Hisar (ii) The order of sentence extent that the sentence of rigorous imprisonment for and fine of Rs. appellant is reduced to the period of sentence already undergone by him. April 08, 2025 manisha (i) (ii) SB-2008 4 (i) The judgment dated 01.03.2008 Additional Sessions Judge, Hisar is upheld. (ii) The order of sentence dated 01.03.2008 extent that the sentence of rigorous imprisonment for and fine of Rs.500/- along with default mechanism awarded to the appellant is reduced to the period of sentence already undergone him. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable 01.03.2008 passed by the learned is upheld. d 01.03.2008 is modified to the extent that the sentence of rigorous imprisonment for six months ith default mechanism awarded to the appellant is reduced to the period of sentence already undergone HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.09 17:59 I attest to the accuracy and authenticiy of this order/judgment