Sona Devi vs State of Punjab

Paramjeet Singh, J.—The present criminal appeal has been preferred by Sona Devi, who was nominated as an accused in case FIR No. 122 dated 04.06.2009, registered at Police Station Patran, u/s 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "NDPS Act"). The learned Trial Court vide the impugned judgment dated 22.08.2012 found the appellant guilty of offence u/s 15 of NDPS Act and vide the order of even date, sentenced her to undergo RI for four months and to pay a fine of Rs. 500/-, in default whereof, she was to undergo further RI 15 days. In the present appeal, challenge is to conviction pronounced and sentence awarded by the learned Trial Court upon the appellant-Sona Devi.

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 Trial Court and in view of the ultimate prayer of the petitioner seeking reduction in sentence.

I have heard the learned counsel for the parties and perused the record.

On being confronted with the quality of evidence available on the record, which is cogent and convincing and leads to no other conclusion but the conviction of the appellant, learned counsel for the appellant submits that he will not be able to successfully challenge the conviction of the appellant. However, he prays that the sentence of the appellant be suitably reduced as this criminal trial is hanging on his head like Damocles'' sword for the last more than three years and it should be a sufficient mitigating circumstance to treat her leniently. Counsel for the appellant has further submitted that the FIR pertains to the year 2009 and since then a period of more than three years has elapsed.

Custody certificate is produced in the Court and the same is taken on record. As per the custody certificate, appellant has already undergone 01 month and 27 days.

In view of the arguments advanced by learned counsel for the appellant, which have been noticed above, this Court is of the view that no useful purpose will be served by sending the appellant behind the bars for serving remaining sentence at this point of time. It is a fit case wherein the sentence awarded to the appellant can be reduced to the period already undergone. It is, however, made clear that the appellant shall be released forthwith, if not required in any other case. Ordered accordingly. However, sentence of fine and default clause shall remain intact. With the observations made above, present appeal is disposed of.