Gurmeet Singh Alias Jeetu And Another v. State Of Punjab

CRA-S-3447-2025 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRA-S-3447-2025 (O&M) Date of decision: 04.12.2025 Gurmeet Singh Alias Jeetu And Another ....Appellants

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present :

Mr. Aditya Anand, Advocate for the appellants.

Mr. Rahul Jindal, AAG, Punjab.

**** YASHVIR SINGH RATHOR. J.(Oral) CRM-44659-2025 Learned counsel for the applicants-appellants submits that he does not wish to press the present application.

In view of the statement made by counsel for the applicant-appellant the present application stands dismissed as not pressed. CRA-S-3447-2025 (O&M) 1.

On the oral request of learned counsel for the appellants, the main case is taken up on board today itself.

2.

The present appeal is directed against the judgment dated 16.10.2025 passed by learned Additional Sessions Judge-cum-Judge, Special Court, Kapurthala vide which the appellants were held guilty and convicted for the offence under Section 22(b) of NDPS Act and Section 411 of IPC and have been

CRA-S-3447-2025 (O&M) -2sentenced to undergo rigorous imprisonment for a period of six months each and they have also been held liable to pay fine of Rs.1,000/- each. In case of default of making payment of fine, they have been directed to undergo rigorous imprisonment for a period of 15 days each.

3.

Feeling aggrieved, the appeal in hand was instituted. Learned counsel for the appellants and learned State Counsel have been heard and material on file has been perused.

4.

At the very outset, learned counsel for the appellants contended that he does not press the appeal on merits and has prayed for taking a lenient view on the question of sentence. Learned counsel further contended that appellants are the first offenders and are not previous convicts and out of the substantive sentence(s) of six months awarded to the appellants by the learned trial Court, appellant namely Gurmeet Singh @ Jeetu has already undergone sentence of 03 months and 24 days and appellant namely Ajit Singh @ Ranjit Singh has already undergone sentence of 04 months and 03 days respectively. Learned counsel next contended that the sentence(s) awarded to the appellants may kindly be reduced to the period already undergone by them and he undertakes not to repeat the offence in future. 5.

Learned State counsel has opposed the prayer and has argued that no lenient view is warranted in view of the gravity of the offence and the manner in which the same was committed and he prayed that appeal in hand be dismissed. 6.

The custody certificates placed on record by the respondent-State reveal that appellants have already undergone sentence(s) of 03 months and 24 days and 04 months and 03 days respectively. The appellants are not previous convicts and are the first offenders and learned counsel for the appellants has undertaken that the appellants will not repeat the offence and will maintain peace

CRA-S-3447-2025 (O&M) -3and harmony in the society and in these circumstances, taking into consideration the fact that they are not previous convicts, I am of the considered opinion that ends of the justice will be met in case they are sentenced to imprisonment for the period already undergone by them i.e. 03 months and 24 days and 04 months and 03 days respectively, instead of sending them behind bars in the company of hardened criminals and it is ordered accordingly. However, the sentence of fine imposed upon the appellants-convicts is maintained. 7.

The fine, if not already deposited, shall be deposited within a period of one month from today, failing which the modification in the quantum of sentence shall stand withdrawn and the appellants-convicts shall undergo remaining period of sentence as awarded by the trial Court. 8.

With the aforesaid modification on the question of sentence(s), the appeal in hand is dismissed.

9.

Pending misc application (s), if any, shall also stand disposed of. (YASHVIR SINGH RATHOR) 04.12.2025 JUDGE Kusum Whether speaking/reasoned.

:

Yes/No Whether Reportable.

:

Yes/No