Balbir Singh v. St. Of Pb.

S. No.312

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CRA-S-261-SB of 2005 (O&M) Date of Decision:28.03.2025 Balbir Singh @ Veera .....Appellant Vs.

State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the appellant.

Mr. Rajiv K. Takkar, DAG, Punjab.

**** DEEPAK GUPTA, J. (Oral) Appellant Balbir Singh @ Veera was tried by Ld. Special Court, Sangrur in a case arising out of FIR No.80 dated 08.05.2023 under Sec3on 15 of the NDPS Act registered at Police Sta3on Dirba, as he was found in possession of 12 1⁄2 Kg of poppy husk. A6er trial, the appellant was convicted under Sec3on 15 of the NDPS Act vide judgment dated 01.02.2005 by the trial Court and was sentenced to undergo rigorous imprisonment for a period one and half year and to pay fine of ₹5,000/- with default sentence of three months' rigorous imprisonment in case of non-payment of fine.

2.

Against the abovesaid convic3on 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 convic3on has been recorded a6er proper apprecia3on of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgment of convic3on and as such, the same is hereby maintained.

CRA-S-261-SB of 2005 (O&M) -24.

However as far as the impugned order of sentence is concerned it is no3ced that appellant was sentenced for a period of one and half year and to pay fine of ₹5,000/- with default sentence of three months rigorous imprisonment in case of non-payment of fine for keeping in possession of 12 1⁄2 Kg poppy husk. 5.

The custody cer3ficate placed on record by the respondent-State would reveal that appellant has already undergone actual sentence of 03 months and 22 days. Custody cer3ficate further indicates that appellant is involved in two more cases, i.e. FIR No.20 dated 01.02.2019 registered under Sec3on 22 (Act No.61 of 1985) of the NDPS Act at Police Sta3on Sadar Samana and FIR No.126 dated 22.05.2011 registered under Sec3on 15 (Act No.61 of 1985) of NDPS Act at Police Sta3on Samana but he is on bail in both cases. Although the appellant has not placed on record any affidavit in terms of order dated 27.01.2025 but custody cer3ficate indicates that pe33oner is involved in afore-said two cases a6er the impugned convic3on.

6.

In the aforesaid facts and circumstances, it will be in the interest of jus3ce, 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 convic3on, the order of sentence as passed by the trial Court is modified and the appellant is sentenced to imprisonment for the

CRA-S-261-SB of 2005 (O&M) -2period already undergone by him. As far as fine is concerned, it will remain same.

Disposed of.

March 28, 2025 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No