Partly allowed

Vinod Kumar v. State of Punjab

Punjab & Haryana HC30 May 2013CRA-S/1711/2013

Case brief

AI extract

What is this about?

In this criminal appeal, the Court reduced the appellant's rigorous imprisonment to the duration already undergone after he had served roughly three months. The fine was enhanced from 2,000 to 15,000, contingent on release upon deposit, to mitigate the hardship of over four years in trial.

What did the court decide?

Sentence reduced to duration already undergone; fine enhanced to 15,000 on condition of deposit for release.

Vinod Kumar Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2013)

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Crl. Appeal No. S-1711-SB of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Appeal No. S-1711-SB of 2013 (O&M) Date of decision: 30.05.2013

Vinod Kumar

....Appellant

Versus

State of Punjab

....Respondent

CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: - Mr. Hardeep Singh, Advocate, for the appellant. Mr. P.S. Bajwa, DAG, Punjab.

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PARAMJEET SINGH, J. (ORAL)

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This appeal has been preferred by the appellant against judgment of conviction and order of sentence dated 25.3.2013 passed by learned Judge, Special Court, Patiala, whereby the appellant has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of ` 2000/- for the commission of offence punishable under Section 18 of the Narcotic Drugs and Psycotropic Substances Act and in default of payment of fine to further undergo rigorous imprisonment for one month.

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I need not dilate upon the facts of this case in detail as the same have already been recapitulated in the judgment of the learned Courts below and in view of the ultimate prayer of the petitioner seeking reduction in sentence.

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I have heard the learned counsel for the parties and perused the

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Crl. Appeal No. S-1711-SB of 2013

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record.

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Learned counsel for the appellant states that he is not pressing this appeal on merit and is not challenging the conviction on merit. He is only aggrieved against the sentence part. However, he prays that the sentence of the appellant be suitably reduced as this criminal trial is hanging on his head like damocle's sword for the more than four years and it should be a sufficient mitigating circumstance to treat him leniently. Counsel for the appellant has further submitted that the occurrence pertains to the year 2009 and since then a period of more than four years has elapsed. The appellant is a first offender and has suffered the ordeal for long period. Learned counsel for the appellant further states that appellant has already undergone a period of about three months.

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Learned counsel for the State does not dispute these facts.

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In view of the arguments advanced by learned counsel for the appellant, which have been noted above, this Court is of the view that no useful purpose will be served by keeping appellant behind the bars further. It is a fit case wherein the sentence awarded to the appellant can be reduced to the period already undergone and in lieu thereof fine can be enhanced to from 2,000/- to 15,000/-. Ordered accordingly. It is, however, made clear that the appellant, who is stated to be in judicial custody, shall be released on deposit of enhanced fine and if not required in any other case. The period of sentence will stand reduced to undergone upto the actual release, as aforesaid. The impugned order of sentence and conviction, including default clause, stands affirmed with aforesaid modification. It goes without saying that if the amount of fine

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Crl. Appeal No. S-1711-SB of 2013

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is not deposited, the appellant will serve the remaining part of sentence.

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With the observations made above, present appeal is disposed

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of.

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(Paramjeet Singh) Judge

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May 30, 2013 R.S.

Vinod Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

Vinod Kumar 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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