The central legal point established in the judgment is the importance of considering reformation and rehabilitation of the accused, and the need for a balanced approach between punitive attitudes and reformative theory.

JUDGMENT

Sanjay Vashisth, J. - Appellant - Gulshan Kumar, then aged about 37/38 years, has filed the present appeal challenging judgment of conviction dated 07.02.2004, and order of sentence dated 09.02.2004, passed by learned Special Judge, Ferozepur, in Sessions Case No. 101, dated 19.09.2000/R.B.T. No. 117, dated 06.03.2002, arising from FIR No. 168, dated 06.07.2000, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Sadar, Fazilka.

2. On 06.07.2000, a police party headed by ASI Kuldip Singh, while on patrol duty in the area of village Sainian, apprehended appellant - Gulshan Kumar, with suspicion that he was carrying some contraband in the small gunny bag, which he was carrying in his right hand. After obtaining consent from the appellant on consent memo. (Ex. P-1), Investigating Officer carried out search of the small gunny bag and recovered 5 Kgs. of poppy husk. A ruqa (Ex. P-5) was sent to the police station, on the basis of which formal FIR (Ex. P-6) was registered. After completing formalities and investigation etc., appellant - Gulshan Kumar was put to trial. He was charged for the offence punishable under Section 15 of the NDPS Act, to which he pleaded not guilty and claimed trial.

Learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dated 07.02.2004 and vide order of sentence dated 09.02.2004, he was sentenced as under:-

3. Appeal was admitted on 11.03.2004, and after noticing the factum of total undergone period inside jail against the substantive sentence of 2 years and fine of Rs.1,000/-, remaining sentence of the appellant was suspended during pendency of the appeal, by this Court.

4. At the final hearing of the appeal today, learned counsel for the appellant submits that he has got instructions from his client, not to challenge the judgment of conviction dated 07.02.2004, passed by learned Special Judge, Ferozepur. However, on the question of quantum of sentence, learned counsel for the appellant submits that appellant being first offender & sole bread earner for his family; at present appellant is aged about 60 years; there being no other case ever registered against him, except the present one; already seven months and nineteen days actual sentence has been undergone by the appellant in jail; and that appellant is facing agony of criminal prosecution for the last 22 years, therefore, taking a lenient view, remaining substantive sentence of imprisonment of the appellant may be reduced to the period already undergone by him in jail.

5. On the other hand, Mr. J.S. Arora, learned Deputy Advocate General, Punjab, while opposing the submissions addressed by learned counsel for the appellant, submits that prayer of the appellant should not be accepted because he was involved in a serious case, offence of which is a crime against society. Learned State counsel also furnished custody certificate dated 14.02.2023, today in the Court, which is taken on record. As per custody certificate dated 14.02.2023, appellant has undergone seven months and nineteen days actual sentence, out of total substantive sentence of two years, which was ordered by learned Trial Court.

6. I have heard learned counsel for the parties and with their able assistance gone through the record.

7. This Court has examined the submissions addressed by earned counsel from both the sides and also perused the custody certificate dated 14.02.2023, and has noticed that except the present case, appellant is not involved in any other criminal case.

8. Another noticeable aspect is that after releasing of the ppellant on bail, vide order dated 11.03.2004, by this court, he was never found indulged in any similar activity, which shows that with the passage of time, appellant has adopted the principles of reformatory heory, which otherwise also sends a direct message to