Binder Singh and Ors. Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2025)

Binder Singh and Ors. Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Conviction maintained; order of sentence modified — appellants Binder Singh and Darshan Singh sentenced to imprisonment for the period already undergone; unpaid fine to be deposited within four weeks, failing which the complete original sentence revives; appeal qua deceased appellant Balwant Singh abated.

Issue for consideration

Whether the sentence imposed on appellants Binder Singh and Darshan Singh should be reduced to the period already undergone, the appellants not pressing the appeal against the judgment of conviction and confining their prayer to the order of sentence. +1 more

Court's answer

On the facts that the offence pertains to 2006 (19 years back), the appellants were aged 25 and 37 years respectively at the time of offence, have undergone actual sentence of 02 months 25 days and 02 months 21 days respectively per the custody certificate, and have no criminal antecedents or involvement in any other case, the Court held it in the interest of justice to reduce the period of imprisonment to the period already undergone instead of sending them back to jail.

Ratio / Principle

Since appellant Balwant Singh had expired, the present appeal qua him stands abated.

Key takeaways

The impugned judgment against conviction is maintained; the order of sentence passed by the trial Court is modified and appellants Binder Singh and Darshan Singh are sentenced to imprisonment for the period already undergone by them.ratio¶27
The amount of fine, if not paid earlier, shall be deposited before the learned Chief Judicial Magistrate concerned within four weeks, failing which the appellants will have to carry out the complete sentence as imposed by the trial Court.ratio¶28

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Deepak Gupta, J.), CRA-S-1126-SB-2009, decided 25.04.2025 — NDPS Act, Section 18: Appeal by Binder Singh, Darshan Singh and Balwant Singh against conviction vide judgment dated 07.04.2009 of the Sessions Judge, Sirsa (arising out of FIR No.169 dated 26.12.2006, Police Station Rori) and sentence of one year rigorous imprisonment each with fine of Rs.10,000/- each (default 03 months RI, order dated 15.04.2009). Appeal qua expired appellant Balwant Singh abated. Appellants did not press the appeal against conviction and confined their prayer to reduction of sentence to the period already undergone. Considering that the offence was of 2006 (19 years back), appellants were aged 25 and 37 years at the time, had undergone actual custody of 02 months 25 days and 02 months 21 days respectively (per custody certificate), and had no criminal antecedents, the Court maintained the conviction but modified the sentence to imprisonment for the period already undergone, directing that unpaid fine be deposited within four weeks, failing which the complete original sentence would revive. Appeal partly accepted and disposed of.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

202

CRA-S-1126-SB-2009 Date of Decision.:25.04.2025

Binder Singh and Others …..Appellants Vs. State of Haryana .….Respondent

CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:Mr. Gaurav Kumar, Advocate for Mr. P.S. Sekhon, Advocate for appellant No.1.

Mr. Lal Singh Sandhu, Advocate for appellant Nos.2 and 3.

Mr. R.K.S. Brar, Addl. AG, Haryana.

DEEPAK GUPTA, J. (ORAL)

Out of the three appellants, one of them namely Balwant Singh has already expired.

Learned State counsel does not dispute the said fact.

As such, the present appeal qua appellant Balwant Singh stands abated.

Appellants Binder Singh and Darshan Singh were tried by learned Sessions Judge, Sirsa in a case arising out of FIR No.169 dated 26.12.2006 under Sec�on 17/18 of Narco�c Drugs and Psychotropic Substances Act registered at Police Sta�on Rori. A�er trial, the appellants Binder Singh and Darshan Singh were convicted under Sec�ons 18 of Narco�c Drugs and Psychotropic Substances Act vide judgment dated 07.04.2009 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of one year each and to pay fine of ₹10,000/-

NEETIKA TUTEJA 2025.04.25 17:51 I attest to the accuracy and integrity of this document

CRA-S-1126-SB-2009

each with default sentence of 03 months rigorous imprisonment in case of non-payment of fine vide a separate order dated 15.04.2009.

Against the abovesaid convic�on and sentence, this appeal was filed.

Today learned counsel for the pe��oner stated at the outset that appellants does not press the appeal against the judgment of convic�on; and that appellants confines their prayer only against order of sentence. It is submi�ed that appellants would be sa�sfied, in case they are sentenced to imprisonment for the period already undergone by them.

Learned counsel points out that offence pertains to the year 2006; that appellant Binder Singh was young person of 25 years at that �me and appellant Darshan Singh was of 37 years of age at that �me; that appellant Binder Singh has already undergone actual sentence of 02 months and 25 days and is not involved in any other case; appellant Darshan Singh has already undergone actual sentence of 02 months and 21 days and is not involved in another case and so, they deserves to be sentenced for the period already undergone by them.

Learned State counsel has not seriously objected to the aforesaid prayer.

The custody cer�ficate placed on record by the respondentState would reveal that appellant Binder Singh has already undergone actual sentence of 02 months and 25 days and appellant Darshan Singh has already undergone actual sentence of 02 months and 21 days. It is revealed further that they have no criminal antecedents. Nothing has been brought on record to suggest that a�er their convic�on, appellants have been involved in any other case. They were 25 and 37 years of age respec�vely at the �me of offence, which had taken place way back in 2006 i.e. 19 years back.

NEETIKA TUTEJA 2025.04.25 17:51 I attest to the accuracy and integrity of this document

CRA-S-1126-SB-2009

In the aforesaid facts and circumstances, it will be in the interest of jus�ce, if the period of imprisonment is reduced to the period already undergone by the appellants, instead of sending them behind bars in the company of hardened criminals.

Consequently, the present appeal is partly accepted. By maintaining the impugned judgment against convic�on, the order of sentence as passed by the trial Court is modified and the appellants Binder Singh and Darshan Singh are sentenced to imprisonment for the period already undergone by them.

However, it is made clear that amount of fine, if not paid earlier, shall be deposited before learned Chief Judicial Magistrate concerned, within a period of four weeks’ from today, failing which the appellants will have to carry out the complete sentence as imposed by the trial Court.

Disposed of.

( DEEPAK GUPTA ) JUDGE April 25, 2025 Nee�ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

NEETIKA TUTEJA 2025.04.25 17:51 I attest to the accuracy and integrity of this document