Kuldeep Singh @ Sandeep vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2137

HARKESH MANUJA
Kuldeep Singh @ Sandeep – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Satnam Singh Gill, Advocate; For the Appellant
For the Respondent: Mr. Vinay Kumar Gupta, AAG, Punjab.

JUDGMENT

Harkesh Manuja, J.

By way of present appeal, challenge has been made to the judgment of conviction dated 30.09.2010 and order of sentence dated 03.10.2016 passed by the court of learned Judge Special Court, Patiala, whereby, appellant was convicted under Section 21 of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.10,000/- or in default to further undergo rigorous imprisonment for a period of one month.

2. Facts of the case are that the appellant was arrayed as accused in FIR No.162 dated 26.09.2012, under Section 21 of the NDPS Act, 1985 registered at Police Station Sadar, Patiala, for having possessed 150 grams of smack. On the basis of the evidence recorded, learned trial court convicted and sentenced the appellant as mentioned in para 1 of this judgment, vide judgment and order dated 30.09.2016/03.10.2016.

3. At the very outset, learned counsel for the appellant submits that he restricts his prayer only to the reduction of sentence awarded and does not challenge the judgment of conviction. It is contended that out of a period of one year of his sentence, he has already undergone actual sentence of 04

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