'Young Man, Sole Bread Winner': Punjab & Haryana High Court Reduces Sentence In Drugs Case To Time Already Undergone

Taking a lenient view on the conviction in an NDPS case, the Punjab and Haryana High Court reduced the sentence of six months' imprisonment to the period already undergone by the convict.

The appellant was convicted under Section 22(b) of the the NDPS Act and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5,000. He was allegedly  found in conscious possession of 115 loose intoxicating tablets.

Justice N.S Shekhawat said, "The appellant is a young man aged about 27 years and is sole bread winner of the family. Apart from that, he was never involved in any other criminal activity and as per the evidence led before the trial Court, prior to the present FIR, he was staying abroad to earn his livelihood. Consequently, taking in view the aforesaid circumstances, the sentence imposed on the present appellant is reduced to the period already undergone by him."

However, the Court increased the sentence of fine to Rs.1,05,000 and said that out of the total amount of fine the appellant shall deposit a sum of Rs. 1,00,000.

These observations were made while hearing an appeal against conviction wherein in 2020 Gurjant SIngh was apprehended with 115 loose intoxicating tablets. Singh was convicted under Section 22(b) of the NDPS Act and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5,000, alongwith the default stipulation.

During the hearing, the counsel for the appellant made a statement that he does not wish to challenge the judgment of conviction, "however, some leniency may be shown while awarding the sentence to the appellant."

It noted that the counsel for the appellant did not challenge the judgment of conviction, still, the Court perused the evidence led by the parties and examined the case on merits.

The Court found that the prosecution witness supporting the case, were searchingly cross-examined, but their testimonies could not be impeached in any manner. 

Perusing the record, the Court opined that all the mandatory provisions of NDPS Act were complied by the police officials while conducting the search and seizure in the present case.

Justice Shekhawat noted that Singh is facing the prosecution for the last more than 04 years and  even, he was sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a fine of Rs.5,000 by the trial Court.

The judge pointed that as per the custody certificate, he has undergone the sentence of 02 months out of total sentence of 06 months.

While dismissing the appeal, the Court directed to forthwith release the appellant.

Mr. Vipin Mahajan, Advocate for the applicant-appellant.

Mr. I.P.S. Sabharwal, DAG, Punjab.

Title: Gurjant Singh v. State of Punajb

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