Deo Narain v. State of UP

CORAM : HON'BLE MR. JUSTICE H.S. GREWAL Present:- Mr. Amitej Singh, Advocate for the appellant. Mr. Mavpreet Singh, DAG, Punjab. *** H.S. Grewal, J.(Oral)

#1. This appeal has been preferred by the appellant against the judgment of conviction and order of sentence dated 19.12.2005 passed by the learned Judge, Special Court, Barnala in case FIR No.102 dated 17.07.2003, registered under Sections 15 of the NDPS Act, at Police Station Sehna, whereby he has been convicted under Section 15 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of 04 years, to pay a fine of Rs.40,000/- and in default thereof, to undergo further rigorous imprisonment for 09 months.

#2. The case of the prosecution is that on 17.07.2003, the appellant was apprehended while having in possession of 5 kgs. of poppy husk which falls within the ambit of non-commercial quantity. Pursuant thereto, the trial Court vide impugned judgment and order of sentence dated 19.12.2005 had convicted the appellant and sentenced him to undergo aforesaid imprisonment.

#3. Learned counsel for the appellant submits that he is not assailing the judgment of conviction on merits, rather restricts his prayer qua modification of CRA-S-129-SB-2006 (O&M) -2- the order of sentence to the period already undergone as the appellant has been suffering the agony of trial since 17.07.2003. He also submits that without referring to the merits of the case, he prays for reduction of sentence while taking a lenient view on the ground that the appellant has already undergone sentence of more than 09 months and 27 days out of the total sentence of 04 years and is not involved in any other case. He further submits that the appellant was 43 years of age at the time of registration of the FIR and, with the passage of time, has now become a senior citizen aged about 67 years.

#4. On the other hand, learned State counsel opposes the prayer of the appellant by way of filing of custody certificate of the appellant on the ground that the learned Court below has passed well-reasoned judgment after taking into consideration the entire evidence and the material available on record and there is no perversity or illegality in the findings returned by it.

#5. I have heard learned counsel for the parties and have gone through the material placed on record.

#6. The FIR in the present case pertains to the year 2003 and the appellant has already faced the rigors of the trial for more than 23 years.

#7. Hon’ble the Supreme Court in “Deo Narain Mandal Vs. State of UP”, (2004) 7 SCC 257, has held that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the statute with regard to the period of sentence, a discretionary element is vested in the Court. Background of each case, which includes factors like gravity of the offence, the manner in which the offence is committed, age of the accused, should be considered while determining the quantum of sentence and this discretion is not to be used arbitrarily or whimsically. After assessing all relevant factors, proper CRA-S-129-SB-2006 (O&M) -3- sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as lenient.

#8. Further, a two-Judges Bench of the Hon'ble Supreme Court in Ravada Sasikala Vs. State of AP, AIR 2017 SC 1166, has held that the imposition of sentence also serves a social purpose, as it acts as a deterrent by making the accused realise the damage caused not only to the victim, but also to the society at large. The law in this regard is well settled that opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner, in which the crime was committed and conduct of the accused to strike a balance between the efficacy of law and the chances of reformation of the accused.

#9. A perusal of the judgment of conviction passed by the learned trial Court indicates no perversity in its findings and the same is based on correct appreciation of evidence available on record. However, learned counsel for the appellant has not assailed the judgment of conviction on merits, rather restricted the prayer only qua modification of quantum of sentence to that of the sentence already undergone by the appellant.

#10. As far as the question of quantum of sentence in concerned, it is worthwhile to note that the occurrence in this case pertains to the year 2003. The right to speedy and expeditious trial is one of the most valuable and cherished rights guaranteed under the Constitution. The appellant has already suffered the agony of protracted trial, spanning over a period of more than 23 years and have been in the corridors of the Court for this prolonged period. In view of the facts noted above, the appellant deserves to be dealt with leniency. The appellant also deserves the benefit of the consistent view taken by this Court in this regard. Thus, guided by the judicial pronouncements made by the Hon'ble Supreme Court in the CRA-S-129-SB-2006 (O&M) -4- cases of Haripada Das Vs. State of West Bangal reported in (1998) 9 SCC 678 and Alister Anthony Pareira vs. [2023:RJ-JD:28174] (5 of 5) [CRLR-755/2003] State of Maharashtra reported in 2012 2 SCC 648 and considering the facts and circumstances of the case, age of the appellant, his status in the society and the fact that he faced financial hardship and had to go through mental agony, this Court is of the view that ends of justice would be met, if sentence imposed upon the appellant is reduced to the period as already undergone by him.

#11. Accordingly, the judgment of conviction passed by the learned Judge, Special Court, Barnala on 19.12.2005 is hereby affirmed but the quantum of sentence awarded by the Court concerned under Section 15 of the NDPS Act has been modified and reduced to the period of sentence as already undergone by the appellant. The appellant is on bail and need not surrender. His bail bonds are discharged. The amount of fine imposed upon the appellant shall remain the same and shall be deposited within one month from today and in case of non-deposit of fine awarded within the stipulated period, the trial court is directed to initiate the proceedings to recover the same from the appellant in accordance with law.

#13. With these modifications, the appeal is disposed of. Pending application(s), if any, shall also stand disposed of. (H.S. GREWAL) JUDGE July 06, 2026 Sonia Whether speaking/reasoned Whether reportable : : Yes/No Yes/No