High Court of Punjab and HaryanaCRA-S/405/2011disposed of

Manjit Kaur v. State Of Punjab

2026-02-26Mr. Justice Vinod S. Bhardwaj12 pages

-1-

!""

#$% &'()'*

.!.!#$'

/'0(0

102#$"$.

% 3 4

! "#$%%

# #&#'

( ) /

$ %% $ )%#"## $ ' "##" *+ *+ +*%

),$- % . # $

)# /+ *+ *0 +**/12 345 ++ * +* # " 67 )# + * +**/ # 3 " $ # 8#

,$#% ) 43# # 89$ 8 # $ $#), $ %%

$ ) "# ''

""" #3"$ 8"#$ ) " %

"*9

+** #'

"%%%,$ 9##"

-2- $ ) # # # '%# ' "# %#",#%,""

3***1 +

$%# )#" $ * +**/7 - ' $'%),7( # $:.2 ; # $#% ""

%# ; % #.$989$$$ # #"#'$""$$%%

$ " %%%, $ 9 "#' $# # that, if an immediate raid were conducted, she could be apprehended. Upon finding the information to be credible and considering the urgency of the situation, ASI Jasmail Singh proceeded to conduct a raid at the appellant's house without obtaining a search warrant. Prior to effecting the search, he associated one Manjit Singh as an independent witness and joined him with the police party for the purpose of conducting the raid. <%$#) $%%

; # " %# $#$ 8 # $ # "= #, $ $' # '> .!$""$ $$ ) %%%,$ 9)$)#9 $ $ "$#$ $ $ $ '## Pursuant to the said disclosure statement, the appellant led the police party to the indicated place and got recovered one bag, which, upon inspection, was found to contain poppy husk. Thereafter, ASI Jasmail Singh apprised the appellant of her right to be searched in the presence of a Gazetted Officer or a Magistrate. However, she is stated to have expressed confidence in the Investigating Officer and executed a consent memo (Ex. PD) in that regard. From the recovered bag, two samples of 100 grams each were

-3drawn and the remaining poppy husk was found to be 10 kilograms. The samples and the bulk contraband were converted into separate parcels and sealed by ASI Jasmail Singh with his seal bearing impression "J.S." The specimen seal impression (Ex. P1) was also prepared. After use, the seal was handed over to ASI Gurtej Singh. The samples and the case property were taken into possession vide recovery memo (Ex. PE). A photographer was requisitioned at the spot and photographs of the recovery proceedings were taken. Thereafter, the personal search of the appellant was conducted by HC Baljit Kaur, which resulted in the recovery of currency notes amounting to Rs.230/-, which were also taken into possession vide memo (Ex. PF). Subsequently, ASI Jasmail Singh sent a ruqa (Ex. PG) to the police station, on the basis of which formal FIR (Ex.

PB/1) was registered by ASI Amarjit Singh. A site plan (Ex. PH) was prepared. The appellant was arrested vide memo (Ex. PJ) and further proceedings were conducted in accordance with law. / ) = ,$#%#"$.$' >'#> !

#" )%%%,$

3 "# '% " $ $

$ %%

%# $. # 5 <% # " $ '# % ## " $ %#' " ' $ # . # "#' $# $%%

#4"$ #8#

,$#% ) $ %%

% , $ $# '#

-40 7## ) $$ "$%%

$%# >' ? :. $'

$# $ ?+ :. - $ Singh as formal witnesses, who tendered their respective affidavits (Ex. PA and Ex. PB) in evidence. The prosecution further examined PW-3 ASI Jasmail Singh, the Investigating Officer of the case; PW-4 ASI Gurtej Singh, a member of the raiding party and witness to the recovery; and PW-5 Inspector Amarjit Singh, the then Station House Officer of Police Station Dakha. These witnesses deposed on oath and supported the prosecution version. During the course of evidence, the prosecution also produced before the Court Ex. P2 and Ex. P3, being one of the samples drawn by the Investigating Officer at the spot and the representative sample drawn under the supervision of the learned Area Magistrate, respectively. 4 <% #"%# $ ## $#

' #.# .

$%%

$"#$ %%# $#

$% $# "

'% 7"$%%

>'8?( # 9 $

% $ $ "$# $ )#$# ' ,

9$# $-$#' $$ ; # $" -$#' $ :" #$# $

$"' ,'')# #residing jointly and shared a common mess. The witness also deposed that approximately five and a half years prior to his deposition, police officials had taken Manjit Kaur from her house, and that no recovery was effected from her at that time.

-5- *

$ %# # $# ), $ # . # "# # $ $# )'

$ %%

"#''

""" #3" $ 843 ) :$%# %%

$# #%# )$ ""$%%

:+4*++*+3@ ) 40+5/*/! '

$ . # )$ " " $ %%

$$ $# $$%%#)9

$##$$ ) $

$ . # 7$ )# ),$ #

$ $ %%

$ ) "

, '% $ "# $$"# $ )%),$ # . # $

, #

7 $ $ %

),$%# $ )>' 7 " #$## $$# , $ '% "#$' >'$>% $ '"#$"#$ ' 6 #$# $ )$' ,# $$### )

$# % $>

"$$ $ %#' # , %

),$%%

$#"$#)#$# :$%%

)

')#"$ $ # ) $ $ $ $ $ # $ # '

"# $ '*+ *+ +* $ %%

"#$''

""" #3"$ 8

$##" ") $ %%

)= + $$#$ $$# . # $ 9 # $ # $ %

-6-

$) ,$'" #) %## $# : $$

%%#)"#$# . # :" #$# $$# $ ##$) $#")

'$ "$ , $

'% "#$' >'),%#" >, $# , '%# # $ $ '% $ ) #"# $ " #$# $

$ # ' $ #, ) # $

, # %## , $ ) % 6 #$#$# ##

#), $# . #,'## ""# "#'##%%#" $ $$ ) )"# $# . # , '# #% $ )# $ ' $ ) # 6 #$#$# . # %"

,$ '%#

$ ) # $#%#$# '%# "$

A'#

+- $ $ %"

,%###$" " %# " $ %#%#, )"# $ # # "# $ % #% "# #%# '% %

## # # # "$ %#%#, 7 " #$# )'$$# . #

,$ $$) %

),$% %#,%## #"$$ $ $ $

$ ##, '' $# '

$ >'"$

) $ ',"$ ""

)"# $ . # "#', # #%, $

'"$

%# ),$%# )"#$# . #$ )% $$ "$%# ) " $

-7- : " #$# )' $ $ $ # ' ),$%%

$# %$$ ) >

" $ %%

$ . # $ %"

, #"## $ ',"8?

( # 9 $ $ ' #),$# # $$ ' "##)# "#',

')##,# $ ) # $,""# ',%'),$ %%

#,"$## )# $ "$"$ $#

: $

$ % $) , # ),$. #

/ 7$$#$ # %%# "#$# % %# $ $# $$ ' %% $$ %# %%

# $ " #"#,'# #% $$ ##$%# #, # #%%#"$$) "' # $#"$ ##,#$%#

',$""# ' 2 '#%# "%

$ ," '% $#" )% %#

" ',"$""

$% $""$"$# %

,$##, #$ A #',

) $"$ )) $9$ ',"$ ""

# $ ' " '

) , #

-8- 5 . = ,"

,'%#%#,%## , #$" #%%#$ # %# %#, #"#$'# $$

#),$# . ## )# "$ 7"$$%# %% 9 '#

$ ' #

, '

$ '" *+ *+ +* %

), $ - % . # $ ""#' 0 B ) " $ $ ) # $ = " $ )' $ $ = ' " % $' # ), $ # # . # ## # # 7 $ $ %%

# # # '%# ' "# %# " ,# " $$ $ $ #, # *3 '$ *4 , " , $ "

' # '

#% ),$# #$= ' "% $'C a.

$%%

$ #, # *3'$ *4, "$ '% ),$ # . #$

) portion of the custodial sentence has been suffered.

b. The occurrence in question dates back to the year 2004 and a considerable time has elapsed since the incident. Moreover, the accused has remained at liberty during the pendency of proceedings and has not misused such concession. c. The appellant has faced the protracted agony of criminal trial for more than 2 decades and the psychological and social

-9ramifications of facing criminal prosecution for such an extended duration constitute a relevant mitigating circumstance.

d. As per the custody certificate produced by the State, the appellant is not involved in any other criminal case. There is no material to suggest habituality or recurrence of criminal conduct.

e. The appellant has maintained good conduct throughout and is integrated into society. There is nothing on record to indicate any subsequent misconduct. The absence of antecedents and her continued social integration deserve a lenient and reformative approach in the matter of sentence. 4 7$$# # "#$%# $= " 7$%# $# $ ###"

$ $%#%

#' )"'#$$# % , $# , : ), $ )## %#% " #' # %# # %# '%)# $# +*

$ #

! " # $ % &$ $ #C "32. The imposition of punishment is a refined judicial function that demands a careful harmonization of its underlying purposes namely, retribution, deterrence, and

-10reformation. This balance must reflect not only the reasoning of the Court but also the ethical standards and social context in which justice is administered. As societal values and circumstances evolve, the prominence accorded to each of these aims necessarily varies, requiring the Court to adapt its emphasis in response to the changing demands of justice. The aforesaid principle found early articulation in the writings of Justice Caldwell, who, in his authoritative work "Criminology," observed that:

"If the infliction of pain is to have its greatest effect upon the behavior of a person, it must follow soon after the act for which it is given. But punishment always takes place weeks or even months after the offense has been committed, since the offender must first be apprehended, tried, and convicted. Such delay tends to disconnect the punishment from the offense in the mind of the offender, and it may well be considered as merely another painful experience in an unjust world."

33. Moreover, Italian criminologist and jurist Cesare Beccaria, in his seminal treatise "On Crimes and Punishments," propounded the doctrine of penal parsimony, emphasizing that the justification of any criminal justice system rests upon its capacity to inflict the least possible evil necessary to achieve its ends. The underlying premise is that punishment, being in itself a necessary evil and devoid of inherent virtue, must be confined strictly within the bounds of necessity. The imposition of suffering or restriction upon an offender cannot extend beyond what is indispensable for the preservation of social order.

34. While 'retributive 'object of sentencing is seen regressive, in modern day sentencing jurisprudence for its focus on punishing proportionally for the harm done and caters to the negative senses of spite and anger against a wrongful act, the

-11rehabilitative/reformative approach examines the circumstances surrounding the offender on social, economical, physical and psychological level so as to reintegrate the offender in the social mainstream. The law extends the benefit of good and perceives a probability and possibility of reform. It aims at capitalising a perceived social liability. The expectation of law is based on the surrounding circumstances to distinguish between a 'criminal 'and an 'offender'.

35. While the pre-requisites of crime do not distinguish two persons, on the legal scale, this aspect is significant for sentencing. A mere involvement of a person in crime may not necessarily mark a person as a 'criminal.' 'Criminality 'in mind and action has to be determined from the totality of circumstances including the mode and manner in committing an offence, the conduct pre and post the offence, the criminal antecedents, nature of involvement, influence of peers etc. and not just from an isolatory consideration of commission of an offence. A Court of law would not assume every offender to be beyond reform and differentiate in punishment on considering whether the offences arise due to human error or that stem from actions propelled by mens rea.

36. The case in hand is yet another where interest of justice would warrant a reformative approach in precedence to a punitive or retributive approach. It is not the function of the judges to seek the transformation of human nature itself, but rather to shape the framework within which individuals perceive that adherence to the law aligns with their own best interests."

9 #$" # '

"$ %# $' # '

'#)7" $ $ %# ## $ %## #' # $

-12- = ,"),$%#$ "

#, # ),$%#$#"#',

$),$%#),

,$#""$ " $%#$'"$

$ %#% #%# ) # = # "# % )# %%#$$'#" ++

$%# % #

,2)'.6* )66#7"

?$ $ '"%

),$- % . # $ ""#'$#$##" *+ *+ +* '" $ #$%%

# $%# #, # ),$# +

$""$

***1 % $ ,!

+/ %,"$ ##) $: $. # # .''"#"#'

#, &'()'*

')8 )'#')

59.9'

02):!$;<')0#$"

0<#

59.9'

'2#'.)&6

0<#