Partly allowed

Jatinder Pal v. State of Punjab

Punjab & Haryana HC9 Dec 2014CRA-S/4370/2014

Case brief

AI extract

What is this about?

In a criminal appeal against conviction and sentence under Section 15 NDPS Act, the High Court accepted submission that the appellant, a sole breadwinner, had undergone imprisonment commensurate with the sentence. The court maintained the conviction but reduced the sentence to the period already served, directing immediate release if no other legal tie exists.

What did the court decide?

Conviction maintained; sentence reduced to period already undergone; appellant set at liberty forthwith subject to fine deposit.

Jatinder Pal Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2014)

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Criminal Appeal-S-4370-SB of 2014 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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Criminal Appeal-S-4370-SB of 2014 (O&M) Date of decision: 09.12.2014

Jatinder Pal

......Appellant

Versus

State of Punjab

......Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. Vishnav Gandhi, Advocate for the appellant.

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Mr. Deep Singh, AAG, Punjab.

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SABINA, J.

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Appellant had faced the trial qua commission of offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances, Act, 1985 (' Act ' for short) in FIR No. 41 dated 5.5.2013, registered at Police Station Mullanpur.

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As per the prosecution case, appellant was found in possession of seven kilograms of poppy husk.

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Trial Court vide judgment/order dated 7.8.2014 ordered the conviction and sentence of the appellant under Section 15 of the Act. Hence, the present appeal by the appellant.

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During the course of arguments, learned counsel for the appellant has not challenged the conviction of the appellant under Section 15 of the Act but has submitted that sentence qua imprisonment of the appellant be reduced to the period already undergone by him. Appellant is the only bread earner of the family

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GURPREET SINGH 2014.12.10 15:41 I attest to the accuracy and authenticity of this document Chandigarh

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Criminal Appeal-S-4370-SB of 2014 (O&M)

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and is not a previous convict.

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A perusal of the custody certificate reveals that appellant has undergone 05 months and 07 days of actual sentence out of six months.

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Keeping in view the facts and circumstances of the present case, it would be just and expedient to reduce the sentence qua imprisonment of the appellant to the period already undergone by him.

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Accordingly, conviction of the appellant under Section 15 of the Act is maintained. However, sentence qua imprisonment of the appellant is reduced to the period already undergone by him. Appellant, who is in custody, be set at liberty forthwith, if not required in any other case subject to deposit of fine as imposed by the Trial Court, if not already deposited.

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Appeal stands disposed of accordingly.

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(SABINA) JUDGE

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December 09, 2014 Gurpreet

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GURPREET SINGH 2014.12.10 15:41 I attest to the accuracy and authenticity of this document Chandigarh

Jatinder Pal v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jatinder Pal v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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