Gurmukh Singh vs State Ofpb.

Court
Punjab and Haryana High Court

1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH

122 CRA-S-932-SB-2005 (O&M)

Date of decision : 02.11.2026

Gurmukh Singh

..... Appellant

VERSUS
State of Punjab
..... Respondent


CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH

Present : Mr. Gaurav Singh Bhatti, Legal Aid Counsel for the appellant.

Mr. I.P.S. Sabharwal, DAG, Punjab.

*

SURYA PARTAP SINGH, J.


The present appeal has been filed by the appellant against the
judgment of conviction dated 28.04.2005 and order of sentence dated
29.04.2005, passed by the Court of learned Special Judge (designated under
Narcotic Drugs and Psychotropic Substances Act, 1985), hereinafter being
referred to as ‘trial Court’ only.
2. Briefly stating the facts emerging from record are that one FIR,
i.e. FIR No.66 dated 04.04.2000, was registered at the instance of ‘Inspector
Gurbax Singh’. The abovesaid FIR was lodged for the commission of
offence punishable under Section-15 of Narcotic Drugs and Psychotropic
Substances Act, hereinafter being referred to as ‘NDPS Act’, Police Station
City Moga. In the wake of abovementioned FIR, the investigation was taken
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up by the police, and as an outcome of abovesaid investigation, the appellant
was sent to face trial before the learned trial Court.
3. The appellant participated in the abovementioned trial. By
virtue of judgment dated 28.04.2005, hereinafter being referred to as
‘impugned judgment’, the abovesaid trial culminated into conviction of the
appellant. Thus, vide order dated 29.04.2005, on the point of quantum of
sentence, hereinafter being referred to as ‘impugned order’, following
sentences were awarded to the appellant:-

Offence under
Sentence

Section


15(b) of NDPS
Rigorous imprisonment for a period of three years and
to pay a fine of Rs.10,000/-. In default thereof to further
undergo rigorous imprisonment for a period of three
months.

Act


4. In nut-shell, the facts emerging from record are that the FIR of
this case came into being when ‘ Inspector Gurbax Singh reported that on
03.04.2000 when he was leading a team of police officials, deputed for
patrolling duty, and was going towards Dosanjh Road, Moga, at about 10:30
pm near the unmetalled road of Village Landeke, he joined another police
party headed by ‘ASI Ram Singh’, which was already present there for usual
checking ( nakabandi ).
5. It was further reported by the above-named police officer that at
about 11:00 pm, two persons carrying gunny bags on their heads, going
towards Dosanjh Road, were spotted. As per above-named police officer, on
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noticing the presence of the police party, both of them took a U-turn and
tried to avoid encounter with the police party, by moving towards the fields.
As per above-named police officer, one of them, namely, ‘Gurmukh Singh’
(the appellant herein), was apprehended, whereas the other managed to flee
from the spot. According to above-named police officer, on search of the
gunny bag, being carried by appellant-‘Gurmukh Singh’, 30 kg of poppy
straw was recovered.
6. It was a case of the prosecution that pursuant on recovery of
abovementioned contraband, necessary formalities with regard to seizure &
sealing of contraband, lodging of FIR, and formal arrest of the accused were
completed, and further investigation taken up. According to prosecution,
during the course of investigation, the Investigating Officer inspected the
spot, prepared rough site plan of the place of recovery, and completed usual
formalities of investigation. Thereafter, the final report under Section 173 of
CrPC was filed in the Court.
7. Heard.
8. It has been contended on behalf of appellant that the impugned
judgment of conviction and order of sentence, passed by the learned trial
Court were perverse and unsustainable. According to learned counsel for the
appellant, merely on the basis of assumptions and presumptions, the
unreliable and self-contradictory evidence adduced by the prosecution was
believed by the learned trial Court. As per learned counsel for the appellant ,
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the learned trial Court failed to apply judicial mind to the facts of the case,
and merely, on the basis of conjectures and surmises, the finding of
conviction of appellant, for the commission of offence under Section 15(b)
of NDPS Act, was recorded.
9. It has been further contended on behalf of appellant that the
learned trial Court ignored this cardinal principle of criminal jurisprudence
that the prosecution had to prove its case beyond the shadow of all
reasonable doubts. According to learned counsel for the appellant, the
evidence adduced by the prosecution was grossly inadequate to draw an
inference that all the essential ingredients, meant for the commission of
offence, for which the appellant was convicted, had been proved. In view of
above, the learned counsel for the appellant has contended that the case
against the appellant was not proved by the prosecution, but erroneously the
learned trial Court returned the finding of conviction.
10. However, during the course of arguments, the learned counsel
for the appellant has contended that in the instant appeal, the appellant is not
inclined to challenge the finding of conviction recorded by the learned trial
Court. The learned counsel for the appellant has categorically contended that
at this stage, by virtue of present appeal, the appellant is challenging the
order on the point of quantum of sentence only.
11. It has been further contended by learned counsel for the
appellant that the incident had taken place way back in the year 2000.
According to learned counsel for the appellant, the appellant is facing the
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agony of litigation for the last more than 26 years and has, in fact, already
suffered more punishment than he deserved. According to learned counsel
for the appellant, before or after the offence, related to present case, the
appellant has not been prosecuted for any other offence.
12. In addition to above, the learned counsel for the appellant and
has also argued that the quantity of contraband recovered in this case was
within the ambit of ‘non-commercial quantity’ and that in the present case,
the appellant ‘Gurmukh Singh’ has already undergone imprisonment for a
period of three months and three days. According to learned counsel for the
appellant, in view of above-discussed factors, and the fact that minimum
sentence has not been prescribed for the offence, for which the appellant has
been convicted, the sentence already undergone by the appellant may be
treated to be sufficient.
13. Per contra , the learned counsel for the respondent/State has
argued that the appellant was found guilty for the commission of offence
punishable under Section 15(b) of NDPS Act. According to learned counsel
for the respondent/State, the sentence awarded to the appellant, i.e.
imprisonment for a period of three years, is already on lower side, and that
the appellant is not entitled to a sentence, awarded to him. As per learned
counsel for the respondent/State, the instant appeal has no merits and
deserves dismissal.
14. The record has been perused carefully.
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15. Although it is categorical stand of the appellant that he is not
challenging the judgment of conviction, passed by the learned trial Court,
yet, with a purpose to evaluate evidence, the record has been perused
carefully. A perusal of trial Court record shows that the evidence adduced by
the prosecution was thoroughly consistent, and good enough to bring home
guilt of the appellant, for which he was charge-sheeted. Thus, it is hereby
held that there is no scope for interference or indulgence in the findings
recorded by the learned trial Court, with regard to conviction of appellant,
for the offence under Section 15(b) of NDPS Act. Accordingly, the
abovementioned finding is hereby affirmed and qua the judgment of
conviction instant appeal is hereby dismissed.
16. As far as the order on quantum of sentence is concerned, in
view of the fact that the appellant ‘Gurmukh Singh’ has already undergone
imprisonment for a period of three months and three days, against the
awarded sentence of three years, it is hereby held that the appellant is
entitled to a lenient view.
17. In the light of above observations, if factual matrix of the
present case is analyzed, it transpires that following are the points which are
required to be taken into consideration: -
(a) that the quantity of contraband recovered in this case was
non-commercial quantity, for which minimum sentence has
not been prescribed;
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(b) that the incident in question had taken place about 26 years
ago;
(b) that the appellant is facing the agony of protracted trial for
the last more than 26 years;
(c) that against the awarded sentence of three years, the
appellant ‘Gurmukh Singh’ has already undergone
imprisonment for a period of three months and three days;
(d) that it was the first offence committed by the appellant;
(e) that in the last more than 26 years, the appellant has not
been prosecuted for any offence; and
(f) that now the age of the appellant ‘Gurmukh Singh’ is more
than 51-year-old.

18. In view of abovementioned observations, the sentence awarded
to the appellant is hereby held to be harsh and, as a consequence thereof, it is
hereby observed that with regard to quantum of sentence, there is need for
interference and indulgence in the impugned order, i.e. the order on the point
of quantum of sentence, by exercising the appellate jurisdiction vested in
this Court. Thus, in my opinion, by exercising the abovementioned
jurisdiction, the sentence awarded to the appellant needs to be rationalized
and reduced.
19. As a cumulative effect of abovementioned observations, it is
hereby held that in the present case, the appellant is entitled to a lenient
view, and that the sentence already undergone in the present case, is
adequate to meet the ends of justice.
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20. As a sequel to the aforesaid discussions, the present appeal is
hereby partly allowed . The judgment of conviction is upheld; but order on
the point of quantum of sentence is modified, and the sentence awarded to
the appellant is reduced to the period already undergone by him.
21. Pending miscellaneous application(s), if any, stand(s) disposed
of, accordingly.


(SURYA PARTAP SINGH)

JUDGE
02.11.2026
Gaurav Thakur


Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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