Dharamender v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CRA-S-578-SB-2009 Date of Decision.:12.05.2025 Dharamender .....Appellant Vs.

State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. K.S. Godara, Advocate for the appellant.

Mr. R.K.S. Brar, Addl. AG, Haryana.

**** DEEPAK GUPTA, J. (ORAL) Appellant Dharamender was tried by Ld. Special Judge, Rohtak in a case arising out of FIR No.42 dated 26.01.2008 under Sec2ons 15 of NDPS Act registered at Police Sta2on City, Rohtak. A5er trial, the appellant was convicted under Sec2on 15 of NDPS Act vide judgment dated 30.01.2009 by the trial Court and was sentenced to undergo maximum sentence for two years rigorous imprisonment and to pay fine of ₹20,000/- with default sentence of 03 months rigorous imprisonment in case of nonpayment of fine. 2.

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

3.

Today learned counsel for the appellant stated at the outset that appellant does not press the appeal against the judgment of convic2on; and that appellant confines their prayer only against order of sentence. It is submi?ed that appellant would be sa2sfied, in case he is sentenced to imprisonment for the period already undergone by him. 4.

Learned counsel points out that offence pertains to the year 2008; that appellant has already undergone actual sentence of 02 months and 10 days and is not involved in any other case and so, he deserves to be sentenced for the period already undergone by them. NEETIKA TUTEJA 2025.05.13 12:41 I attest to the accuracy and integrity of this document

CRA-S-578-SB-2009 5.

Learned State counsel has not seriously objected to the aforesaid prayer.

6.

The custody cer2ficate placed on record by the respondentState would reveal that appellant has already undergone actual sentence of 02 months and 10 days. It is revealed further that he has no criminal antecedents. Nothing has been brought on record to suggest that a5er their convic2on, appellant have been involved in any other case. 7.

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 appellant, instead of sending him behind bars in the company of hardened criminals.

8.

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 appellant is sentenced to imprisonment for the period already undergone by him. 9.

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 trial Court.

Disposed of.

( DEEPAK GUPTA ) JUDGE May 12, 2025 Nee2ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.05.13 12:41 I attest to the accuracy and integrity of this document