IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

409 Date of decision: 16.03.2026 Baljit Kaur ...Appellant VERSUS State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present: Mr. Dhirinder Chopra, Advocate for the appellant.

Dr. (Ms.) Savi Nagpal, AAG, Punjab.

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VINOD S. BHARDWAJ. J.(Oral)

The present appeal has been preferred against the judgment of conviction and order of sentence dated 12.10.2011 passed by Special Judge, Moga, whereby the appellant has been convicted under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment of 02 years with a fine of Rs.5000/- and in default thereof to undergo rigorous imprisonment for a period of two months.

2. Brief facts of the case are that on 20.07.2008, SI Ajmer Singh, In-charge of the Narcotic Drug Cell, Moga, along with ASI Paramjit Singh, Head Constable Veerpal Kaur, and other police officials, was on patrolling duty from Ajitwal to village Dhudhike. After crossing the railway lines, they saw appellant dragging a bag from the street towards her house. On suspicion, the police apprehended her and inquired about her identity. The mouth of the bag was already open and some poppy husk had spilled onto the floor. A tin box of one-litre capacity was also lying there. The Investigating Officer took a 250-gram sample, sealed it into a parcel, and the remaining 29 kg 750 grams was sealed in a separate parcel with the seal bearing mark “AS.”The case property was taken into possession through a recovery memo. A personal search of the appellant was conducted by Head Constable Veerpal Kaur, but nothing incriminating was recovered, and a personal search memo was prepared. The accused was informed of the grounds of her arrest and her relatives were notified. A ruqa was sent to the police station, on the basis of which a formal FIR was registered. Compliance with Sections 55, 52-A, and 57 of the NDPS Act was completed. The sample was sent to the Chemical Examiner, and after completion of the investigation and receipt of the report, the accused was challaned in the case.

3. After completion of investigation, challan against the appellant was presented in the Court and copy was supplied to her free of costs, as required under Section 207 of Cr.P.C.

4. Finding a prima facie case under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the appellant, charge was accordingly framed to which she pleaded not guilty and claimed trial.

5. On completion of the procedural compliances, parties led their respective evidence. The prosecution examined six witnesses and thereafter prosecution evidence was closed.

6. The entire evidence was put to appellant and statements under Section 313 Cr. P.C. were recorded. The appellant denied the same. However, no defence evidence was led by her.

7. On consideration of the evidence and hearing the arguments, the appellant was convicted under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Special Judge, Moga vide judgment of conviction/order of sentence dated 12.10.2011 and was sentenced to undergo rigorous imprisonment of 02 years with a fine of Rs.5000/- and in default thereof to undergo rigorous imprisonment for a period of two months. Hence, the present appeal.

8. Counsel for the appellant, at the outset, contends that he does not wish to challenge the conviction on merits and restricts his prayer qua modification of the order on quantum of sentence. He submits that the fine imposed by the Special Judge, Moga already stands deposited and prays that the sentence imposed upon the appellant, be modified and reduced to the period of custody already undergone. He points the following mitigating circumstances:

(i) The occurrence pertains to the year 2008 and the appellant has faced the agony of protracted criminal proceedings for nearly 18 years which in itself has had a considerable deterrent and punitive impact.

(ii) Tha