Bira Singh v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH **** CRA-S-1886-SB-2009 Date of Decision:-25.04.2025 BIRA SINGH .....Appellant Vs.
STATE OF PUNJAB ....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the appellant.
Mr. R.K. Takkar, DAG, Punjab.
**** DEEPAK GUPTA, J. (ORAL) Appellant was tried by Ld. Special Court, Barnala in a case arising out of FIR No.4 dated 06.01.2008 under Sec1on 18 of the NDPS Act, 1985 registered at Police Sta1on Barnala as he was found in possession of 750 grams of opium. A6er trial, the appellant was convicted vide judgment dated 29.07.2009 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of one and a half year and to pay fine of ₹1000/- with default sentence of two months rigorous imprisonment in case of nonpayment of fine. 2.
Against the abovesaid convic1on 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 convic1on has been recorded a6er proper apprecia1on of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgment of convic1on and as such, the same is hereby maintained.
PRIYANKA 2025.04.29 10:21 I attest to the accuracy and integrity of this document
CRA-S-1886-SB-2009 4.
However as far as the impugned order of sentence is concerned it is no1ced that appellant was sentenced for a period of one and a half years and to pay fine of ₹1000/- 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 months and 22 days and further states that appellant is neither involved in any other criminal case nor involved in any criminal ac1vity a6er the impugned convic1on. 6.
In the aforesaid facts and circumstances, it will be in the interest of jus1ce, 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 convic1on, 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 April 25, 2025 Whether Speaking/reasoned Yes Whether Reportable No PRIYANKA 2025.04.29 10:21 I attest to the accuracy and integrity of this document