Partly allowed

Shabhir Khan v. State of Punjab

Punjab & Haryana HC13 Sept 2011CRA-S/1534/2011

Case brief

AI extract

What is this about?

In a criminal appeal under the NDPS Act, the single judge allowed the appeal partly by reducing the sentence to the period already undergone, considering the appellant's aged parents and financial status, while maintaining the fine order. The appeal is dismissed with modification.

What did the court decide?

The sentence of 8 months rigorous imprisonment is reduced to the period already undergone; the order regarding payment of fine is maintained; the appeal is dismissed with the aforementioned modificati

Shabhir Khan Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Criminal Appeal No.1534-SB of 2011 (O & M) Date of Decision: September 13, 2011

Shabir Khan

.....PETITIONER(S)

VERSUS

State of Punjab

.....RESPONDENT(S) . . .

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CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Satnam Singh Gill, Advocate, for the appellant. Mr. Manoj Bajaj, Additional Advocate General, Punjab.

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. . .

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AJAI LAMBA, J (Oral)

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Crl. Appeal No.1534-SB of 2011 [2]

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Challenge in this appeal is to judgment dated 26.4.2011 vide which the appellant has been convicted for commission of offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, for being in possession of 10 kgs of poppy husk. Vide order passed on the same date, the appellant has been sentenced to undergo 8 months rigorous imprisonment and pay fine ` 2,000/- (in default of payment of fine, rigorous imprisonment for one month).

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Reply filed in Court on behalf of the respondentState is taken on record.

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Learned counsel for the appellant contends that the appellant has already undergone approximately six months of actual/ substantive sentence.

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Learned counsel states that the appeal is not pressed on merits. Let quantum of sentence be reduced.

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I have considered the contentions of the learned counsel.

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The appellant is stated to have aged parents. The appellant is the only bread earner for the family. Appellant is the first offender.

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Considering the undergone period in context of the fact that appellant has suffered the rigours of trial since June 2008 and also considering responsibility to his aged parents, the

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Crl. Appeal No.1534-SB of 2011 [3]

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sentence of the appellant is hereby reduced to the period already undergone. Order of sentence re: payment of fine is however maintained.

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The appeal is accordingly dismissed with modification in order of sentence as noted above.

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(AJAI LAMBA)

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September 13, 2011 JUDGE avin

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To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?

Shabhir Khan v. State of Punjab

Case brief

What is this about?

What did the court decide?

Shabhir Khan v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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