The reformatory theory and the rehabilitation of the appellant in society were central to the court's decision in reducing the substantive sentence of imprisonment.

JUDGMENT

Sanjay Vashisth, J. - Appellant - Joga Singh, aged about 45 years (at the time of conviction), has filed the present appeal challenging judgment of conviction dated 07.09.2004, and order of sentence dated 09.09.2004, passed by learned Special Judge, Panipat, in NDPS Case No. 97 of 2003, arising from FIR No. 46, dated 27.01.2001, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station City, Panipat.

2. On 27.01.2001, in the area of Bus Stand, Panipat, appellant was found in possession of 50 Kgs. of contraband, which was kept in a jute bag. After completing formalities, investigation and receipt of FSL Report (Ex. P-I), seized contraband was declared that of poppy straw. Accordingly, appellant - Joga Singh was put to trial. He was charged for the offence punishable under Section 15 of the NDPS Act, vide order dated 11.05.2001. Eventually, learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dated 07.09.2004 and vide separate order of sentence dated 09.09.2004, he was sentenced as under:-

3. Appeal was admitted on 07.10.2004, and recovery of fine was stayed. Thereafter, vide order dated 07.03.2005, after noticing factum of total undergone period inside jail as 14 months, remaining sentence of the appellant was suspended 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 07.09.2004, passed by learned Special Judge, Panipat. 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 66 years; there being no other case ever registered against him, except the present one; already one year, six months and eleven days actual sentence has been undergone by the appellant in jail; and that appellant is facing agony of criminal prosecution for the last about 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. Pawan Kumar Jhanda, learned Assistant Advocate General, Haryana, 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 31.01.2023, today in the Court, which is taken on record. As per custody certificate dated 31.01.2023, appellant has undergone one year, six months and eleven days actual sentence from 28.01.2001 to 22.03.2005, out of total substantive sentence of three 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 learned counsel from both the sides and also perused the custody certificate dated 31.01.2023, 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 appellant on bail, vide order dated 07.03.2005, 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 theory, which otherwise also sends a direct message to reform oneself despite facing conviction in a criminal case.

9. On the issue of reformatory theory in context to any wrong doer, His Lordship V.R. Krishna Iyer, J., of Hon'ble Apex Court, in case titled as Mohammad Giasuddin v. State of Andhra Pradesh, (1977) 3 SCC 287, has observed as under:-

'5. Ifevery