Chhinder Kaur & ANR v. State Of Punjab

S. No.210

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

**** CRA-S-2980-SB of 2009 (O&M) Date of Decision:21.04.2025 Chhinder Kaur and another .....Appellants Vs.

State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. D.S. Malwai, Advocate for the appellants. Mr. Rajiv K. Takkar, DAG, Punjab.

**** DEEPAK GUPTA, J. (Oral) Appellants - Chhinder Kaur and Pala Singh were tried by Ld. Special Court, Sangrur in a case arising out of FIR No.403 dated 19.10.2004 under Sec2on 15 of the NDPS Act registered at Police Sta2on Sunam, as they were found in possession of 02 bags of 25 Kg of poppy husk each. A5er trial, the appellants were convicted under Sec2on 15 of the NDPS Act vide judgment dated 11.11.2009 by the trial Court and were sentenced to undergo rigorous imprisonment for a period of four years each and to pay fine of ₹2,000/- each with default sentence of one month's rigorous imprisonment in case of non-payment of fine each. 2.

Against the abovesaid convic2on and sentence, this appeal was filed. 3.

Today learned counsel for the appellants submits that appellants are no longer in his contact. This Court has gone through the impugned judgment of the trial Court and finds that convic2on has been recorded a5er proper apprecia2on of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgment of convic2on and as such, the same is hereby maintained.

4.

However as far as the impugned order of sentence is concerned it is no2ced that appellants were sentenced for a period of four years rigorous RENU 2025.04.22 13:41 I attest to the accuracy and integrity of this document Chandigarh

CRA-S-2980-SB of 2009 (O&M) -2imprisonment each and to pay fine of ₹2,000/- each with default sentence of one month rigorous imprisonment in case of non-payment of fine each, for keeping in possession of 02 bags of 25 kg. of poppy husk each. 5.

The custody cer2ficates placed on record by the respondent-State would reveal that appellant- Chhinder Kaur has already undergone total sentence of 05 months and 14 days and appellant-Pala Singh has already undergone total sentence of 05 months and 11 days. Although the appellants have not placed on record any affidavits in terms of order dated 09.02.2024 but custody cer2ficate further indicates that appellant - Pala Singh is involved in five more cases out of which he is on bail in three cases and appellant- Chhinder Kaur has no other criminal antecedents. 6.

In the aforesaid facts and circumstances, it will be in the interest of jus2ce, if the period of imprisonment is reduced to the period already undergone by the appellants, instead of sending them behind bars in the company of hardened criminals. 7.

Consequently, the present appeal is partly accepted. By maintaining the impugned judgment against convic2on, the order of sentence as passed by the trial Court is modified and the appellants - Chhinder Kaur and Pala Singh are sentenced to imprisonment for the period already undergone by them. 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 appellants will have to carry out the complete sentence as imposed by the trial Court. Disposed of.

April 21, 2025 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.04.22 13:41 I attest to the accuracy and integrity of this document Chandigarh