Present: Mr. J.S. Lalli Advocate Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1141108
CourtPunjab and Haryana High Court
Decided OnMay-23-2014
AppellantPresent: Mr. J.S. Lalli Advocate
RespondentState of Haryana
Excerpt:
in the high court of punjab and haryana at chandigarh cra s-558-sb of 2013 (o&m).date of decision: 23.5.2014. danu singh ...appellant versus state of haryana ...respondent coram: hon'ble mr.justice k.c.puri present: mr.j.s.lalli, advocate, for the appellant. mr.s.s.goripuria, dag haryana. k.c.puri.j (oral) challenge in this appeal is to the judgment dated 26.11.2012 and order dated 27.11.2012 passed by sh. r.k.jain, judge, special court, karnal vide which the accused has been convicted under section 18 of ndps act, 1985 for having been found in possession of 258 gms of opium without any licence or permit and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of rs.50,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year. learned counsel for the appellant has not challenged the conviction but he has submitted that as per custody certificate, the appellant has undergone incarceration for a period of 2 years.2 months and 7 days out of substantive sentence of 7 years for having been found in possession of 258 gms of opium. sanjay 2014.05.23 16:44 i attest to the accuracy and integrity of this document punjab and haryana high court cra s-558-sb of 2013 (2) this is firs.appal. i have myself gone through the record of the case. the testimony of official witnesses corroborates the prosecution version. so, the conviction of the appellant under section 18 of the ndps act for having been found in possession of 258 gms of opium without any licence or permit stands affirmed. now reverting to the quantum of sentence, the appellant has been facing trial for the last about four years and he is in custody for the last 2 years.2 months and 7 days. this court is of the opinion that ends of justice would be met in case the sentence of the appellant is reduced to the period already undergone by him. i hereby order accordingly. the appellant is in custody. he be released forthwith if not required in any other case. the appeal stands disposed of accordingly. 23.5.2014. (k.c.puri) sn judge sanjay 2014.05.23 16:44 i attest to the accuracy and integrity of this document punjab and haryana high court
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA S-558-SB of 2013 (O&M).Date of Decision: 23.5.2014.

Danu Singh ...Appellant Versus State of Haryana ...Respondent CORAM: HON'BLE Mr.JUSTICE K.C.PURI Present: Mr.J.S.Lalli, Advocate, for the appellant.

Mr.S.S.Goripuria, DAG Haryana.

K.C.PURI.J (ORAL) Challenge in this appeal is to the judgment dated 26.11.2012 and order dated 27.11.2012 passed by Sh.

R.K.Jain, Judge, Special Court, Karnal vide which the accused has been convicted under Section 18 of NDPS Act, 1985 for having been found in possession of 258 gms of opium without any licence or permit and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.50,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year.

Learned counsel for the appellant has not challenged the conviction but he has submitted that as per custody certificate, the appellant has undergone incarceration for a period of 2 yeaRs.2 months and 7 days out of substantive sentence of 7 years for having been found in possession of 258 gms of opium.

Sanjay 2014.05.23 16:44 I attest to the accuracy and integrity of this document Punjab and Haryana High Court CRA S-558-SB of 2013 (2) This is fiRs.appal.

I have myself gone through the record of the case.

The testimony of official witnesses corroborates the prosecution version.

So, the conviction of the appellant under Section 18 of the NDPS Act for having been found in possession of 258 gms of opium without any licence or permit stands affirmed.

Now reverting to the quantum of sentence, the appellant has been facing trial for the last about four years and he is in custody for the last 2 yeaRs.2 months and 7 days.

This Court is of the opinion that ends of justice would be met in case the sentence of the appellant is reduced to the period already undergone by him.

I hereby order accordingly.

The appellant is in custody.

He be released forthwith if not required in any other case.

The appeal stands disposed of accordingly.

23.5.2014.

(K.C.PURI) SN JUDGE Sanjay 2014.05.23 16:44 I attest to the accuracy and integrity of this document Punjab and Haryana High Court