Randhir Singh @ Dhira vs State of Punjab

Deepak Gupta, J

Appellant was tried by Ld. Special Court, Tarn Taran in a case arising out of FIR No.231 dated 04.10.2002 under Secon 18 of the NDPS Act registered at Police Staon City Tarn Taran, as he was found in possession of 410 gm Opium. Aer trial, the appella nt was convicted under Secon 18 of the NDPS Act vide judgment dated 29.07 .2009 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of two year and to pay fine of ₹5,000/- with default sentence of six months rigorous imprisonment in case of non-payment of fine.

Against the abovesaid convicon and sentence, this appeal was filed.

Today learned counsel for the appellant stated at the outset that appellant does not press the appeal against the judgment of convicon; and that appellant confines his prayer on ly against order of sentence. It is submied that appellant would be satisfied, in case he is sentenced to imprisonment for the period already undergone by him.

Learned counsel points out that offence pertains to the year 2002; that appellant was of 41 years at that me; t hat appellant has already undergone actual sentence of 04 months and 14 days and is not involved in any other case and so, he deserves to be sentenced for the period already undergone by him.

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

The custody cerficate placed on record by the res pondent-State would reveal that appellant has already undergone actual custody sentence of 04 months and 14 days. It is revealed further that he has no criminal antecedents. He was 41 years of age at the me of offence, which had taken place way back in 2002 i.e. 23 years back.

In the aforesaid facts and circumstances, it will be in the interest of jusce, if the period of imprisonment i s reduced to the period already undergone by the appellant, instead of sending him behind bars in the company of hardened criminals.

Consequently, the present appeal is partly accepted. By maintaining the impugned judgment against convicon , the order of sentence as passed by the trial Court is modified and the appellant is sentenced to imprisonment for the period already undergone by him. As far as fine is concerned, it will remain same.

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 appellant will have to carry out the complete sentence as imposed by the trail Court.

Disposed of.