IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 332 CRA-S-1468-SB-2005 Date of Decision:-02.05.2025 OM PARKASH …..Appellant Vs. STATE OF HARYANA ….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the appellant. Mr. R.K.S. Brar, Addl, AG, Haryana. **** DEEPAK GUPTA, J. (ORAL) Appellant was tried by Ld. Special Court, Jhajjar in a case arising out of FIR No.120 dated 12.03.2002 under Sec.on 20 of the NDPS Act, 1985 registered at Police Sta.on Sadar, Bahadurgarh as he was found in possession of 210 kg of Charas. A4er trial, the appellant was convicted vide judgment dated 11.06.2005 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of two and half years and to pay fine of ₹2,000/- with default sentence of two months rigorous imprisonment in case of non-payment of fine. 2. Against the abovesaid convic.on and sentence, this appeal was filed. 3. Today nobody is appearing on behalf of the appellant. This Court has gone through the impugned judgment of the trial Court and finds that convic.on has been recorded a4er proper apprecia.on of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgment of convic.on and as such, the same is hereby maintained. PRIYANKA 2025.05.02 17:14 I attest to the accuracy and integrity of this document CRA-S-1468-SB-2005 4. However as far as the impugned order of sentence is concerned it is no.ced that appellant was sentenced for imprisonment for a period of two and half years and to pay fine of ₹2,000/- with default sentence of two months rigorous imprisonment in case of non-payment of fine 5. Counsel for the respondent-State states that the appellant has already undergone actual custody sentence of 01 month and 26 days and further states that appellant is neither involved in any other criminal case nor involved in any criminal ac.vity a4er the impugned convic.on. 6. In the aforesaid facts and circumstances, it will be in the interest of jus.ce, if the period of imprisonment is reduced to the period already undergone by the appellant, instead of sending him behind bars in the company of hardened criminals. 7. Consequently, the present appeal is partly accepted. By maintaining the impugned judgment against convic.on, the order of sentence as passed by the trial Court is modified and the appellant is sentenced to imprisonment for the period already undergone by him. As far as fine is concerned, it will remain same. 8. However, it is made clear that amount of fine, if not paid earlier, shall be deposited before learned Chief Judicial Magistrate concerned, within a period of four weeks from today, failing which the appellant will have to carry out the complete sentence as imposed by the trail Court. Disposed of. ( DEEPAK GUPTA ) JUDGE May, 02, 2025 Pry Whether Speaking/reasoned Yes Whether Reportable No PRIYANKA 2025.05.02 17:14 I attest to the accuracy and integrity of this document