Partly allowed

Balwinder Singh v. State of Punjab

Punjab & Haryana HC30 May 2013CRA-S/1008/2013

Case brief

AI extract

What is this about?

In this criminal appeal, the appellant, Balwinder Singh, challenged the sentence awarded for manufacturing poppy husk. The High Court upheld the conviction but reduced the rigorous imprisonment to the extent already served, ordering his immediate release while maintaining the fine.

What did the court decide?

Sentence reduced to 3 months and 4 days (already undergone); appellant directed to be released forthwith; fine of Rs. 3,000 retained.

Balwinder Singh Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2013)

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Crl. Appeal No. S-1008-SB of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Appeal No. S-1008-SB of 2013 (O&M) Date of Decision : May 30^th , 2013

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Balwinder Singh .... Appellant Versus State of Punjab .... Respondent

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CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?

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Present Mr. S.S.Rana, Advocate, for the appellant.

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Ms. Shivali, AAG, Punjab, for the State.

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VIJENDER SINGH MALIK, J.

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Balwinder Singh, the appellant has been convicted for an offence punishable under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") by the court of Judge, Special Court, Sri Muktsar Sahib vide judgment dated 22.3.2013 in a case registered by way of FIR No. 66 dated 3.5.2008 at Police Station Sadar Malout. He has been sentenced to undergo rigorous imprisonment for a period of 5 months and to pay a fine of Rs.3,000/with further rigorous imprisonment for a period of 1 month in default of payment of fine.

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The prosecution case against the appellant is that on 3.5.2008, the appellant was apprehended while he was having in his possession 8

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Crl. Appeal No. S-1008-SB of 2013

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Kg. of poppy husk.

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Mr. S.S.Rana, learned counsel for the appellant does not challenge the judgment of conviction of the appellant. He only prays to be heard on quantum of sentence. According to him, the appellant has no previous conviction to his discredit. According to him, the occurrence took place on 3.5.2008 and a period of more than 5 years has passed since then. He has further submitted that the appellant is facing the pangs of protracted trial and appeal for the last more than 5 years and this is sufficient punishment for him. According to him, the appellant has undergone 3 months and 4 days of actual sentence out of the total sentence of 5 months awarded to the appellant.

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Learned State counsel has opposed the prayer made on behalf of the appellant. He, however, does not dispute the fact that the appellant has undergone actual sentence of 3 months and 4 days as on 21.5.2013.

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A quantity above 50 Kgs. of poppy husk is commercial quantity as per the definition of the expression “Commercial Quantity” appearing in section 2(viiia) of the Act. In the present case, recovery is of 8 Kg of poppy husk from the appellant which is non-commercial. The appellant, who is in his early forties, has faced protracted trial in this case for over 5 years. He has already undergone sentence of more than 3 months and 4 days in this case.

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In view of the above, I partly accept the appeal and upholding the judgment of conviction of the appellant passed by learned Judge, Special Court, Sri Muktsar Sahib, dated 22.3.2013, I modify the order on

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Crl. Appeal No. S-1008-SB of 2013

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sentence reducing the sentence awarded to Balwinder Singh, the appellant to the sentence already undergone by him. The sentence of fine shall remain the same. The appellant is directed to be released forthwith, if not required in any other case.

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(VIJENDER SINGH MALIK) JUDGE

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May 30^th , 2013 som

Balwinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Balwinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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