The Punjab and Haryana High Court recently took a considerate view in an NDPS case, reducing the imprisonment of a young man to the time already served. Gurjant Singh, a 27-year-old and the sole breadwinner of his family, was convicted under Section 22(b) of the NDPS Act for the possession of 115 loose intoxicating tablets containing Alprazolam.
Initially, the Special Court in Gurdaspur had sentenced him to six months of rigorous imprisonment and a fine of ₹5,000. However, during the appeal, Singh’s counsel stated that they were not challenging the conviction but sought leniency in sentencing. Justice N.S. Shekhawat acknowledged that the appellant had already undergone two months in custody and was not involved in any other criminal activities.
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"The appellant is a young man aged about 27 years and is the sole breadwinner of the family... he was staying abroad to earn his livelihood before this case," – Justice N.S. Shekhawat.
Upon review, the Court upheld the conviction but reduced the sentence to the period already undergone. The fine, however, was increased to ₹1,05,000, of which ₹1,00,000 must be deposited with the Punjab and Haryana High Court Bar Clerks Association, and ₹5,000 with the trial court within two months.
The case dates back to November 2020, when Gurjant Singh was apprehended near Bus Stand Mojowal after allegedly discarding a pouch containing the tablets while being stopped by the police. All standard procedures under the NDPS Act were followed, and the chemical analysis confirmed the tablets contained an intermediate quantity of Alprazolam.
The prosecution presented six witnesses to establish the chain of custody and the validity of the recovery. Despite the defence producing two witnesses to challenge the arrest narrative, the Court found the prosecution’s case reliable.
"All prosecution witnesses were cross-examined thoroughly but their testimonies remained unshaken," – Punjab & Haryana High Court.
While the Court maintained the integrity of the original conviction, the judgment showcases a balance between legal rigour and humanitarian consideration, especially for young first-time offenders with family responsibilities.
The appeal was partly allowed with modifications to the sentence and fine. Singh was directed to be released immediately if not required in any other case.
Mr. Vipin Mahajan, Advocate for the applicant-appellant.
Mr. I.P.S. Sabharwal, DAG, Punjab.
Title: Gurjant Singh v. State of Punajb
