State Of Haryana vs Bhag Ram

Leave granted.

This appeal has been filed against the judgment and order dated 04.07.2018 passed by the High Court of Punjab & Haryana in Crl. Appeal No.S-2113-SB of 2017 (O&M).

The respondent was convicted under Section 15 read with Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") and sentenced to suffer rigorous imprisonment for a period of five years. The quantity of contraband material found in his possession was 2.50 kgs. of poppy straw, which quantity is neither commercial quantity nor small quantity within the meaning of the relevant provisions under the NDPS Act including Sections 15 and 31.

In appeal challenging the conviction and sentence, learned counsel appearing for the accused submitted that he had nothing to urge insofar as the finding of conviction was concerned but limited his submission only to the quantum of sentence.

The High Court reduced the sentence to one already undergone, which the High Court itself noted to be 2 months and 17 days.

We have heard learned counsel for the parties. In our view, sentence of 2 months and 17 days is highly inappropriate and disproportionate for the offence committed by the respondent.

Considering the facts and circumstances of the case, in our view, the proper sentence in the present matter has to be imprisonment for 3 years. We, therefore, allow this appeal and modify the sentence from the one "already undergone" as imposed by the High Court to the imprisonment for a period of 3 years.

Since the respondent was released in pursuance of the order of the High Court, we grant him two weeks' time to surrender, failing which he shall be arrested by the concerned police station.

A copy of this order shall be transmitted to the concerned police station as well as the jurisdictional Chief Judicial Magistrate for strict compliance. The compliance shall be reported to this Court within four weeks.

The appeals stands allowed in the aforesaid term.