Criminal Appeal No.1003-SB of 2005 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No.1003-SB of 2005
Date of decision : 27.11.2009
Ishwar Singh ....Appellant
Versus
State of Haryana ....Respondent
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CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. Rakesh Nehra, Advocate for the appellant.
Mr. S.S.Pattar, Senior Deputy Advocate General,Haryana
S. D. ANAND, J.
The appellant was convicted by the learned Trial Judge, for an
offence under Section 57 of the Narcotic Drgus and Psychotropic
Substances Act, 1985, and was sentenced to undergo RI for nine months
and to pay a fine of Rs.2,000/-. In default of payment of fine, the appellant
was directed to undergo further RI for a period of two months. The charge,
upheld at the trial, was that appellant had been found in conscious
possession of 250 grams of charas.
Learned counsel appearing on behalf of the appellant, at the
very outset, states that he does not contest the finding on merits but would
request for dilution on the point of sentence awarded by the learned Trial
Court in view of the fact that the appellant faced the ordeal of trial for about
two years and even present appeal has been pending since the year
2005. The fine stands already paid.
I have been through the file. The finding of conviction
Criminal Appeal No.1003-SB of 2005 -2-
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recorded by the learned Trial Judge is relatable to the material obtaining
on the file and cannot be faulted on any valid score. Apart therefrom,
finding of conviction has not been contested on merits thereof.
In the circumstances of the case, the appeal shall stand
dismissed on merits thereof. However, in view of the fact that the
petitioner has been in custody for a period of about 4-1/2 months out of
awarded sentence of RI for a period of nine months, the sentence
awarded to the appellant shall stand reduced to the period already
undergone by the appellant.
November 27, 2009 (S. D. ANAND) Pka JUDGE