The Special High Court challenged the conviction and sentence for possession of opium under Section 18 of the NDPS Act. The court upheld the conviction but commuted the imprisonment to the period already undergone.
Conviction upheld; sentence reduced to 2 months 27 days already undergone; appellant released direction given to CJM.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Appeal No.3193-SB of 2013
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Appeal No.3193-SB of 2013 (O & M) Date of decision:-05.10.2013
Sham Sunder
...Appellant
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:Mr. Parminder Singh Sekhon, Advocate for the appellant.
Mr. Gurveer Sidhu, AAG Punjab.
RITU BAHRI J.(Oral)
Challenge is to the judgment dated 18.09.2013 passed by the Judge, Special Court, Sangrur, whereby the applicant has been convicted and sentenced rigorous imprisonment for a period of six months with a fine of Rs.5000/- and further rigorous imprisonment for two months in default of payment of fine, under Section 18 of the NDPS Act.
On a secret information a naka was laid at 'T' point Rampura Road, Bhawanigarh. At 6.30 PM a truck bearing registration No. RJ-21GA-2861 was found coming from the side of Sunam. The truck was apprehended by SI Avtar Singh. The driver
Asija Vijay 2013.10.08 20:15 I attest to the accuracy and integrity of this document High Court,Chandigarh
Crl. Appeal No.3193-SB of 2013
-2-
introduced himself to be Sham Sunder son of Mangi Lal, resident of Rotu, Police Station Jaail, District Nagor, Rajasthan. He recorded his statement Ex.PC by which he reposed confidence in him and opted for search being conducted from him. One plastic box beneath the driver seat from the cabin box of truck was recovered, containing opium. Thereafter two samples of 20 grams each from the plastic box were taken and remaining 460 grams put into the same plastic box and then into cloth parcel and sealed with the seal “AS” and the specimen of the same is Ex.P-1. After completing the formalities and proceedings under the Act, challan was presented and the trial court after going into the evidence convicted the accused.
Learned counsel for the appellant restricts his prayer to the quantum of sentence and does not challenge the order of conviction on merits.
As per the custody certificate, filed by the State, the appellant has already undergone 02 months and 27 days as on 01.10.2013. Till date, he has undergone almost three months in custody. The appellant is first time offender and the recovery was effected in this case on 29.6.2010. The recovery was of noncommercial quantity of opium and he is first time offender.
Resultantly, the conviction of the petitioner under Sections 18 of NDPS Act is upheld but the sentence of the imprisonment awarded to him is reduced to the period already undergone and a direction is given that the appellant be released to
Asija Vijay 2013.10.08 20:15 I attest to the accuracy and integrity of this document High Court,Chandigarh
Crl. Appeal No.3193-SB of 2013
-3-
the satisfaction of CJM/Duty Magistrate, Sangrur.
With the above modification/direction, the present petition
stands disposed of.
05.10.2013 ( RITU BAHRI ) Vijay Asija JUDGE
Asija Vijay 2013.10.08 20:15 I attest to the accuracy and integrity of this document High Court,Chandigarh
1 issue framed by the court
Whether the quantum of sentence under Section 18 of the NDPS Act can be reduced on sentences only stance for a first-time offender possessing non-commercial quantity.
1 provisions across 1 enactments
Sham Sunder
State of Punjab
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
