Charno v. State of Punjab
Case Details
CRA-S-16-2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-16-2019 (O&M) Reserved on: 01.10.2025 Pronounced on: 28.10.2025 Charno ...Appellant Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Rajdeep Singh Gill, Advocate for the appellant. Mr. Jasdev Singh Thind, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Section 320 14.12.2014 City Barnala 22/29 of NDPS Act Criminal Case number before the Sessions Court CNR No.PBBR01-003270-2015 Date of Decision Date of order on the quantum of sentence Names of accused/ convicts/ appellants 05.12.2018 05.12.2018 Charno Conviction under section 22 of NDPS Act Sentence imposed RI for 02 years and to pay fine of Rs.5,000/- 1. Challenging the conviction and the consequent sentence of 02 years of rigorous imprisonment and a fine of Rs. 5,000/-, the convict came up before this Court by filing the criminal appeal. 2. Facts of the case are being taken from the judgment dated 05.12.2018 passed by the Judge Special Court, Barnal, which reads as under:- “Brief facts of the case are that on 14.12.2014, police party of ASI Kulwant Singh was going from Khuddi Kalan towards link road, Barnala from where road leads towards Rode Phatak in connection with patrolling duty. When the police party reached about 15-20 karams towards Rode Phatak side, from the opposite side one lady was seen coming by holding a polythene lifafa in her right hand and on seeing police party, she tried to turn towards her right hand, but was ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRA-S-16-2019 (O&M) -2- apprehended on the basis of suspicion with the help of fellow police officials. On enquiry she disclosed her name as Charno Kaur wife of late Kala Singh besides other particulars. ASI Kulwant Singh gave his introduction to accused and gave option of search of polythene lifafa before a Gazetted Officer or Magistrate as there is suspicion that she is carrying some illegal substance in the polythene lifafa carried by her, but the accused reposed confidence with ASI Kulwant Singh. Consent statement Ex.PA of accused Charno was prepared, thumb marked by accused and attested by ASI Randhir Singh and LC Gurinderjit Kaur. On the search of polythene lifafa, 40 strips of intoxicant tablets Diazapam having batch no.T-3249 were recovered and each strip was containing 10 tablets. Two strips of 10/10 tablets were separated as samples and converted into parcels. Remaining 38 strips containing 380 tablets were put in the same polythene lifafa and converted into parcel. Both the sample parcels and bulk parcel were sealed by ASI Kulwant Singh with his seal 'KS'. Sample seal chit Ex.P1 was prepared and seal after use was handed over to ASI Randhir Singh. Sample seal chit Ex.P1 was prepared separately. Entire case property was taken in police possession vide separate recovery memo Ex.PB. Personal search of accused Charano was got conducted vide memo Ex.PC, which led to recovery of Rs.60/-. Ruqa Ex.PD was sent to police station through HC Dharminder Singh, on the basis of which formal FIR Ex.PD/1 was registered against the accused. Accused was arrested vide memo Ex.PE and intimation regarding arrest was furnished vide memo Ex.PE/L. ASI Kulwant Singh prepared rough site plan Ex.PF of place of recovery and recorded statements of witnesses. On return to police station, entire case property alongwith accused Charno and witnesses were produced before Inspector Kuldeep Singh, who verified the facts of the case and on being satisfied, he put his seal bearing impressions 'KS' on the case and also attested sample seal chit and deposited the case property with MHC Sarwan Singh. ASI Kulwant Singh prepared report under Section 57 of NDPS Act. Ex.PG received by DSP vide endorsement Ex.PG/1.” 3. Feeling aggrieved, the appellant came up before this Court by filing the present criminal appeal under Section 374(2) CrPC, 1973. 4. On 09.01.2019, a co-ordinate Bench of this Court admitted the appeal and stayed the recovery of the fine. Vide order dated 22.01.2020 passed in CRM-26910-2019, Coordinate Bench of this Court had suspended the sentence of the appellant. The said order remain in effect to this day. 5. The total number of tablets seized from the appellant’s possession were 400, and as per FSL, Ex. PX, the weight of each tablet is 205 mg. Thus, the weight of 400 tablets would come to 82000 mg, which corresponds to 82 grams. 6. Dealing in 82 grams of Alprazolam in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications: Substance Name Quantity detained Punishable U/s ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh ALPRAZOLAM 82 Gram S.22(b) of NDPS Act, 1985 CRA-S-16-2019 (O&M) -3- Quantity type Drug Quantity in % to upper limit of In- termediate Intermediate 82.00% Drug's Small & Commercial Qty. suggested by Committee report Notification No. & date Expert Committee Report dated 24.03.1995 & 23.08.2001 (Small and Commercial) Specified as small & Commercial in S.2(viia) & 2(xxiiia) NDPS Act, 1985 Notification No. & dated S.O.1055(E) 10/19/2001 Sr. No. 178 Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) ALPRAZOLAM Other non-proprietary name ****** Chemical Name Small Quantity Commercial Quantity 8-chloro-1-methyl-6-phenyl-4H-s-triazolo[4,3- a][1,4]benzodiazepine < 5 Gram > 100 Gram Declared as punishable under NDPS Act and as per schedule defined in S.2(xi) & 2(xxiii) NDPS Act, 1985 Notification No. & dated NDPS Act, 1985 (61 of 1985), S.O. 821(E) 11/14/1985 Sr. No. 30 Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) ALPRAZOLAM Other non-proprietary name ****** Chemical Name 8-Chloro-1-methyl-6-phenyl-4H-s-triazolo [4, 3- a] [1, 4] benzodiazepine 7. The Convict’s counsel submits that she lost her husband and, as such, she is financially in a challenging situation, and further, as a woman, life is tough for her. Learned counsel, on instructions, submits that the applicant-convict has great remorse for her acts and undertakes to ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRA-S-16-2019 (O&M) -4- reform and live like a decent human being, and as such her sentence be reduced to what she has already undergone. 8. The Counsel for the State has opposed the reduction of sentence on all such grounds and submits that the applicant-convict has criminal antecedents and there is no assurance that she would live a decent life. 9. An analysis of the mitigating factors would undoubtedly amount to the reduction to the following extent: MITIGATING FACTORS Exhibition of Genuine Remorse and Profound Regret. Economic Vulnerabilities- A Female who lost her husband. Total Decrease in Sentence (%) Decrease in Sentence (%) Decrease in Fine (%) 25 10 35 25 10 35 10. In Addition to the above-said reduction, another reason for the reduction is the time for which the appeal was pending before this Court, coupled with the fact that the convict did not argue on merits but has straight away conceded the sentence, which has ensured success for the Prosecution. All these factors would certainly entitle her to a significant reduction. 11. The trial court had imposed a sentence of 2 years and a fine of INR 5000/-, and in default, a period of 4 months further imprisonment. According to the custody certificate, the convict had already undergone 8 months and 10 days of incarceration at the time the coordinate bench of this Court suspended her sentence, however period of remission is not counted by the jail authority. Thus, in the entirety of facts and circumstances, ends of justice would suffice if the sentence of imprisonment and sentence in default of non-payment of fine are reduced to what has already been undergone. 12. Consequently, the appeal is partly allowed, and cumulatively, the sentence of imprisonment and fine is reduced to the period what she has already undergone. Bail bonds and
Decision
surety bonds are discharged. All pending miscellaneous applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 28.10.2025 anju rani Whether speaking/reasoned Whether reportable YES NO ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh