Allowed

Mohinder Singh v. State of Punjab

Punjab & Haryana HC2 May 2013CRA-S/717/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a criminal appeal where the appellant challenged the sentence, not the conviction. The court reduced the term of imprisonment to the period already undergone and enhanced the fine to Rs. 10,000, directing immediate release upon deposit.

What did the court decide?

Sentence reduced to period already undergone; fine enhanced to Rs. 10,000; appellant directed to be released forthwith on deposit of fine.

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

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Crl. Appeal No. S-717-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-717-SB of 2013 (O&M) Date of decision: 02.05.2013

Mohinder Singh

....Appellant

Versus

State of Punjab ....Respondent

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: - Mr. Johny Vij, Advocate, for Mr. Ramesh Sharma, Advocate, for the appellant. Mr. Gurinderjit Singh, DAG, Punjab.

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PARAMJEET SINGH, J.

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Crl. Misc. No.15492 of 2013

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For the reasons mentioned, Crl. Misc. application is allowed. Delay of 16 days in filing the appeal is condoned.

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Crl. Appeal No.S-717-SB of 2013

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This appeal has been preferred by the appellant – Mohinder Singh – against judgment of conviction dated 22.12.2012 and order of sentence dated 24.12.2012 passed by learned Special Judge, Ferozepur, whereby the appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of ` 5,000/-, in default of payment of fine to further undergo rigorous imprisonment for one month, for the commission of offence punishable under Section 18 of the Narcotic Drugs and Psycotropic Substances Act.

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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 Court 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-717-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 last four and half 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 2008 and since then a period of four and half 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 six 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. Ordered accordingly. However, fine is enhanced to ` 10,000/-. The impugned order of conviction and sentence stands upheld with modification as aforesaid.

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With the observations made above, present appeal is disposed of with a direction that the appellant be released forthwith on deposit of fine and if not required in any other case.

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(Paramjeet Singh) Judge

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May 02, 2013 R.S.

Mohinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Mohinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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