Gurdeep Singh vs State Of Punjab on 19 March, 2026

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    Punjab-Haryana High Court

    Gurdeep Singh vs State Of Punjab on 19 March, 2026

    CRA-S-3115-SB-2011 (O&M)                                              -1-
    
    
            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH.
    
    433
    
    
    
    
                                               CRA-S-3115-SB-2011 (O&M)
                                               Decided on: March 19, 2026.
    
    
    GURDEEP SINGH
                                                                 ...Appellant
    
                                     Versus
    
    STATE OF PUNJAB
                                                                ...Respondent
    
    
    CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
    
    
    PRESENT Mr. Jagpal Singh, Advocate, for
            Mr. Arshdeep Singh Sivia, Advocate,
            for the appellant.
    
                Mr. Aftab Singh Khara, Sr. DAG, Punjab.
    
    VINOD S. BHARDWAJ. J. (ORAL)
    

    The instant appeal has been preferred against the judgment

    of conviction and order of sentence dated 08.11.2011 passed by the Judge,

    SPONSORED

    Special Court, Sri Muktsar Sahib, in Sessions Case bearing No.450 dated

    25.11.2005/RT No.154 dated 29.11.2006, arising out of FIR bearing

    No.185 dated 19.07.2005, under Section 15 of the Narcotic Drugs and

    Psychotropic Substances Act, 1985, registered at Police Station City

    Malout, District Sri Muktsar Sahib, whereby the appellant had been

    convicted for commission of offence under Section 15 of the NDPS Act,

    for having been found in conscious possession of 09 kilograms of poppy

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    husk and, sentenced to undergo rigorous imprisonment for a period of six

    months and to pay a fine of Rs.2,000/- vide order of even date.

    2 Succinctly, the prosecution case is that on 19.07.2005, a

    police party headed by ASI Kabal Singh, having other police officials,

    namely HC Major Singh and HC Ajmair Singh, etc., on a Govt. vehicle,

    i.e. Canter and being driven by Gurdass Ram, was going from Malout

    Mandi to village Ratharian via link road in connection with patrol duty

    and checking of suspected persons. When the police party went ½

    kilometre ahead on the link road from the main G.T. Road, then two

    persons, holding two plastic bags on their right shoulders, were spotted by

    the police party on foot. When the accused saw the vehicle of the police

    party, they put their bags aside on the road and tried to slip away. Out of

    the two accused, one fell down on the road and was apprehended by the

    I.O. with the help of other police officials. The I.O. inquired about his

    whereabouts, and he disclosed his name as Jagsir Singh. Jagsir Singh also

    disclosed the identity of the other person (who had absconded) as Gurdeep

    Singh, to whom HC Major Singh was already known. Gurdeep Singh

    could not be apprehended, and he escaped. The I.O. tried to join

    independent witnesses, but no one was available there. The satchel, which

    had been thrown away by accused Jagsir Singh, was lying with an open

    mouth and out of the same, poppy husk was recovered. Out of the

    recovered poppy husk, 250 grams were separated by the I.O. as a sample

    and converted into a parcel. On weighing, the remaining poppy husk came

    out to be 8 kilograms 750 grams, and it was converted into another parcel.

    The second satchel, which was thrown away by appellant Gurdeep Singh,

    was lying open, and poppy husk was recovered from the said satchel, out

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    of which 250 grams of poppy husk was also separated by the IO as a

    sample and converted into a parcel. On weighing, the remaining poppy

    husk came out to be 8 kilograms 750 grams, and it was converted into

    another parcel. All the parcels were sealed by the I.O. with his seal bearing

    the impression KS. Specimen seal chit Ex. P9 was prepared, and the seal

    was handed over to HC Major Singh after use. The I.O. then took the case

    property into possession vide separate recovery memo Ex. P10, attested

    by HC Major Singh and HC Ajmair Singh. Ruqa Ex. P11 was sent to the

    police station through C. Gurpal Singh, based on which a formal FIR Ex.

    P12 was registered by ASI Baldev Singh. Personal search memo of the

    accused, Jagsir Singh, was prepared by the IO, and nothing was recovered

    from him. The accused Jagsir Singh was arrested, and the grounds of arrest

    were disclosed to him vide memo Ex. P14. Rough site plan Ex.P15 was

    prepared by the I.O. at the spot. All the memos were attested by the same

    set of witnesses. Statements of the witnesses were recorded. On returning

    to the police station, the I.O. produced the accused and the case property

    before SHO Baldev Singh, who checked the case property and sealed it

    with his seal BS and took the same into his possession vide separate memo

    Ex.C-2. On 20.07.2005, SHO Baldev Singh produced the accused Jagsir

    Singh along with the case property in the court of Sub Divisional Judicial

    Magistrate, Malout, vide police request/application Ex. P3 and inventory

    report Ex. P4. The photograph Ex. P2 of the case property was taken, and

    Ex. P3 was its negative. The court drew two additional samples, i.e., one

    from each of the bulk parcels, and sealed the same along with the bulk

    with its seal impression FSD/MLT. The court then passed orders Ex. P5

    and then handed over the case property to the SHO, who thereafter

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    deposited the same with MHC Jeet Singh, with seals intact. He also sent

    a detailed report Ex. P6, to the DSP concerned. Thereafter, the report of

    the Chemical Examiner Ex. P8 was received. During the investigation, the

    police arrested appellant Gurdeep Singh on 07.11.2005, and the grounds

    of his arrest were conveyed to him vide memo Ex. P17. Personal search

    memo Ex. P16 of appellant Gurdeep Singh was also prepared by the I.O.,

    and nothing was recovered from him. After completion of the

    investigation, challan was presented in the court against the accused.

    3 On presentation of the challan, copies thereof and other

    documents were supplied to the accused, and after finding a prima facie

    case for the offence punishable under Section 15 of the N.D.P.S. Act, the

    accused were charge sheeted accordingly, to which they pleaded not guilty

    and claimed trial. It is not out of place to mention here that after the

    framing of the charge, accused Jagsir Singh absented himself as he did not

    come present. Ultimately, proclamation proceedings were initiated against

    Jagsir Singh, and vide order dated 23.08.2008, the accused Jagsir Singh

    was declared a proclaimed offender. The prosecution brought its evidence

    to prove the case against appellant Gurdeep Singh.

    4 To connect the appellant with the present case, the

    prosecution examined PW1 SI/SHO Baldev Singh, PW2 ASI Kabal

    Singh, I.O. of the case; PW3 ASI Major Singh, recovery witness; PW4

    HC Gurnam Singh and PW5 Jeet Singh, MHC and thereafter, the

    prosecution closed its evidence.

    5 Thereafter, the statement of the appellant Gurdeep Singh was

    recorded under Section 313 Cr.P.C. in which the entire incriminating

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    evidence brought on the record was put to him, to which he denied in toto

    by pleading false implication and innocence. He pleaded that he was

    innocent and that no incriminating article had been recovered from his

    possession. He claimed to have been falsely implicated due to a party

    faction in the village. No witness was, however, examined by the appellant

    in his defence.

    6 The parties were heard by the trial Court. After considering

    the evidence adduced and the rival submissions advanced, the appellant

    was convicted for the commission of offence under Section 15 of the

    NDPS Act, 1985 and sentenced as above. Hence, the present appeal.

    7 It has been argued by the learned counsel appearing for the

    appellant that the appellant has been wrongly convicted in the aforesaid

    case and that the trial Court did not appreciate the facts in its entirety,

    resulting in an erroneous finding of guilt. The principal contentions raised

    on behalf of the appellant are that the case of the prosecution rests solely

    on the testimonies of official witnesses, who were interested in the

    outcome of the case and that no independent witnesses were joined. It is

    further argued that there are material contradictions in the deposition of

    the prosecution witnesses examined before the Court, and that the identity

    of the appellant was not established. It is further contended that there was

    non-compliance of the statutory provisions.

    8 State counsel, on the other hand, contends that the trial Court

    has considered the entire evidence and that independent witnesses had

    been joined. He contends that the trial Court has passed a well-reasoned

    and speaking judgment after meticulously appreciating the entire oral as

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    well as documentary evidence on record. The findings recorded are based

    on cogent, reliable, and trustworthy evidence and do not call for any

    interference. The prosecution successfully established that the appellant

    was found in conscious possession of 9 kilograms of poppy husk without

    any permit or licence. The recovery had been proved through consistent

    testimonies of prosecution witnesses, and the same was corroborated by

    documentary evidence as well as the report of the Chemical Examiner.

    The presumption under Sections 35 and 54 of the NDPS Act was rightly

    invoked, and the appellant failed to rebut the same. The contention of the

    appellant that the case rests only on official witnesses is wholly

    misconceived. It is settled law that the testimony of police officials is as

    reliable as that of any independent witness, if found credible.

    In the present case, the statements of the official witnesses are consistent,

    inspire confidence, and have withstood the test of cross-examination. No

    motive for false implication has been alleged or proved.

    The learned Trial Court has rightly held that non-joining of independent

    witnesses is not fatal, particularly in a case of chance recovery. Efforts

    were made by the Investigating Officer to join independent witnesses, but

    no one agreed. It is a matter of common experience that public persons are

    reluctant to join police proceedings. Therefore, the prosecution case

    cannot be doubted on this ground alone. The prosecution has established

    the complete chain of custody of the case property. The seals on the

    sample parcels remained intact throughout, and the Chemical Examiner’s

    report confirms the same. Any minor delay in sending the samples has

    been duly explained and has not caused any prejudice to the appellant.

    The identity of the appellant has been duly established. The prosecution

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    witnesses have categorically deposed that the appellant was known to

    them prior to the occurrence, and his name was duly mentioned in the ruqa

    and FIR. The mere fact that the appellant had fled from the spot does not

    demolish the prosecution case when his identity otherwise stands proved.

    The alleged discrepancies pointed out by the appellant are minor in nature

    and do not go to the root of the prosecution case. Such minor

    inconsistencies are natural and do not affect the core of the prosecution

    story. There is no violation of any mandatory provision of law. The

    recovery in the present case was from bags and not from the personal

    search of the accused; hence, provisions like Section 50 of the NDPS Act

    are not attracted. It was specifically noticed by the trial Court that the seal

    impressions had been intact during the entire period, and there was no

    tampering of the seized material. He contends that all the aspects have

    been duly considered and declined by the Court.

    9 I have heard the learned counsel appearing for the respective

    parties and have gone through the documents appended along with the

    present appeal, including the impugned judgment.

    10 In so far as the argument about failure to join independent

    witnesses is concerned, it is well established that independent witnesses

    are often reluctant to join in police proceedings. The same may be for

    reason and apprehension of harassment by law enforcement, accused or

    by legal compulsions. The said practicality cannot be ignored. Besides,

    joining of an independent witness is not a mandatory statutory

    requirement, but only a desirable procedural aspect. Failure to associate

    independent witness would not impeach the credibility of official

    witnesses. The testimony of official witnesses would not be discarded on

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    mere expression of apprehension, but has to corroborate a miscarriage of

    justice.

    11 Law accepts even the list of related and interested witnesses

    subject to caution and careful scrutiny. The police officials are performing

    their official duties and have no special interest in the case than that of a

    prudent witness. There should be no element of disbelief or distrust on

    their testimony. The defence is required to bring material on record for

    discarding or disbelieving their deposition.

    12 A general argument has been raised about contradictions in

    the testimony of the witnesses. The counsel has however failed to refer to

    any deposition or evidence, with respect to his arguments about

    discrepancies. The next aspect is of identification. The counsel has not

    referred to any material in deposition to the effect that the accused were

    muffled. Thus, their face was seen by the witnesses who appeared to prove

    the case. One person was apprehended at the spot while the appellant was

    known previously to HC Major Singh, who appeared as PW3. Thus, the

    identity of the appellant stood fully established.

    13 Additionally, the judgment of the trial court has also been

    perused.

    14 On consideration of the evidence and the arguments

    advanced on behalf of rival parties, the trial Court recorded as under: –

    “12. The first contention raised by the counsel for the
    accused is, that case of the prosecution rests upon the
    testimonies of the official witnesses alone, to which there is
    no independent corroboration and the witnesses are
    interested in the success of the case, as such their testimonies
    cannot be relied upon. Firstly, it is a case of chance recovery.

    
    
    
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     CRA-S-3115-SB-2011 (O&M)                                             -9-
    
    
    

    Secondly, it is settled proposition of law, there is no hard and
    fast rule that independent witness be joined invariably. It is
    settled proposition of law that testimonies of the official
    witnesses are as good as of independent witnesses.
    Statements of the official witness cannot be discarded merely
    on the ground of colour of their office. The only analogy,
    which is to be kept in mind while relying upon the testimonies
    of the official witnesses is that there testimonies are to be
    scrutinized with more care and caution. Keeping in view this
    analogy in mind, I have scrutinized the testimonies of the
    official witnesses with more care and cautiously, which were
    subjected to lengthy cross examination, but they could not be
    budged on any material aspect of the case of the prosecution.
    There is nothing on record to disbelieve the police officials
    and that they are truthful and credible. There is no reason for
    false implication. Further, I may also take support of case
    law titled as Nasib Singh @ Nasiba vs. State of Haryana
    2010(1) RCR (Criminal) (P&H), page 360, wherein, it has
    been held:

    B. Narcotic Drugs and Psychotropic Substances Act,
    1985
    , Section 20- Independent witness-Appellant
    convicted and sentenced for carrying charas without
    any permit-Plea that only police officials have
    deposed against the appellant and no independent
    witnesses joined, therefore, prosecution case is bound
    to fail is not correct as testimony of prosecution
    witnesses is free from blemish of contradictions,
    discrepancies and improvement-Therefore, it is not
    necessary that independent witness should have
    joined”.

    Further, I may also take support of case law titled as Jarnail
    Singh vs. State of Punjab
    , 2011 (1) RCR (Criminal), (SC),
    page 925, wherein, it has been held:-

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    E. Narcotic Drugs and Psychotropic Substances Act,
    1985
    , Section 18-Independent witness-recovery of was
    not contraband at a place which frequently used by
    public-head Constable sent adjoining village to bring
    member to Panchayat, but of the villagers were not
    prepared to join held:-

    (1) The reluctance on the part of the villagers is
    neither strange nor unbelievable-generally,
    people belonging to the same village would into
    unnecessarily want to create bad
    relations/enmity with any other villager”.

    Further, when ASI Kabal Singh has appeared in the witness
    box has categorically deposed in his cross examination that
    efforts were made to join the independent witness and even
    4-5 persons were asked to join the police party, but they
    refused to be independent witnesses in this case. His
    testimony has also been duly corroborated by ASI Major
    Singh PW. So, keeping in view of above discussion and in
    view of the citation of law, I do not find any force in the
    contention of the learned counsel for the accused and the
    same is hereby repelled.

    13. Further, it was argued that PW4 HC Gurnam Singh took
    the sample to the office of Chemical Examiner and some
    objections were raised and regarding this this witness has
    mentioned about the said objections in his affidavit
    Ex.PW4/A, but the prosecution has not proved on record the
    said objections and this makes the case of the prosecution
    doubtful. I have heard this contention of the learned counsel
    for the accused, but do not find any force in this contention
    because HC Gurnam Singh PW4 while appearing in the

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    Court has tendered into evidence his affidavit Ex. PW4/A, in
    which, he deposed about the fact of taking of the sample from
    the MHC and its receipt in the office of Chemical Examiner
    was made on 22.08.2005, but some objections were imposed
    upon the same. So, said sample carrier returned back with
    objections from the office of Chemical Examiner and again
    on 29.08.2005, after getting removed the same, he again
    visited the office of Chemical Examiner and on 30.08.2005
    get deposited the sample of the case. This witness has
    categorically deposed that no written objection was made by
    the office of Chemical Examiner and this fact has not been
    challenged by the accused. Moreover evidence of HC
    Gurnam Singh has been corroborated by MHC. Otherwise,
    as per report of the Chemical Examiner, the seals were intact
    at the time of receipt of the sample in the office of Chemical
    Examiner. The only contention of which can be considered is
    delay in depositing the sample, which too, has also not
    prejudiced the accused because the sample was found to be
    intact when reached in the office of Chemical Examiner.
    Here, I may take support of the case law titled as State of
    Punjab vs. Lakhwinder Singh & Anr.
    2010 (2) RCR
    (Criminal), (Supreme Court of India), page 582, wherein, it
    has been held:

    “B. Narcotic Drgus and Psychotropic Substances Act,
    1985, Section 15-Appeal against acquittal-Recovery
    of contraband-Delayed sample-Effect-Recovery of 35
    bags of poppy husk from accused persons-Samples of
    contraband from each bag separated- of seven days in
    sending the samples to Forensic Science Laboratory-
    Report of Chemical Examiner established that seal of
    sample found intact at the time of examination-Mere
    observation by the High Court that the case property
    might have been tampered with, cannot take the place
    of proof-Held, not fatal-Sufficient and cogent grounds

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    to set aside order of acquittal-Order of trial Court
    Sentencing 12 years RI restored.”

    So, in view of my above discussion and citations of law the
    contention raised by the learned counsel for the accused has
    no weightage and the same is repelled.

    14. Lastly, it was argued by the learned counsel for the
    accused that identity of Gurdeep Singh has not been proved
    by the prosecution in this case because as per prosecution
    version, accused Gurdip Singh fled away from the spot and
    there is no cogent evidence to prove the identity of accused
    Gurdip Singh or connect him with the present. I have heard
    this argument of the learned counsel for the accused, but do
    not find any weight in this arguments because in this case,
    ASI Kabal Singh has categorically deposed that HC Major
    was already knew to Gurdip Singh. This fact has also been
    corroborated by HC Major Singh. Even the name of accused
    Gurdip Singh has been categorically mentioned in the ruqa
    Ex. P11 and FIR Ex. P12. Here reliance can placed upon the
    case law titled as Jagga Singh vs. State of Haryana 2010 (3)
    RCR, (P&H), page 756, wherein it has been held:

    A. Narcotic Drugs and Psychotropic Substance Act,
    1985
    Section 15-Evidence Act, 1872, Section 9
    recovery-Test identification parade-Recovery of 8
    bags, each containing 35 kgs poppy husk five from
    maruti car and three bags from cycles-Names and
    Parentage of all accused except one correctly
    described in ruqa-Remaining accused rightly
    described as handicapped-Deposition of both official
    witnesses as to identification of accused consistent-
    Held, absence of identification parade, not fatal to the
    prosecution-conviction upheld”.

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    Furthermore, there is no plea of the accused that the police
    officials were having any personal grudge or enmity against
    him. So, in view of my above discussion as well as citations
    of law, the contention raised by the learned counsel for the
    accused has no force and the same is hereby repelled.”

    15 It is thus evident that the trial Court has considered all the

    aspects including that of examination of independent witnesses and

    observed that it is a case of chance recovery, and further that there is no

    hard and fast rule that independent witnesses have to be joined invariably.

    Testimonies of official witnesses will hold as good as independent

    witnesses and to be not discarded on the ground of their official position

    in case the same are found to be cogent, convincing and trustworthy. It

    has been specifically recorded that prosecution witnesses could not be

    shaken on any material aspect; despite lengthy cross-examination as such,

    their truthfulness cannot be doubted. Further, regarding the objection

    raised by the chemical examiner and resultant delay in sending the sample,

    it has been specifically observed that the alleged delay has not prejudiced

    the appellant in any manner because the sample was found intact when it

    reached the office of the chemical examiner, as is evident from the

    testimony of PW.4 HC Gurnam Singh. So far as the argument regarding

    identity of the appellant not being established (because as per the

    prosecution, the appellant had fled away from the spot), is concerned, it

    has been noticed by the trial Court that ASI Kabal Singh categorically

    deposed that the appellant was already known to HC Major Singh and

    name of the appellant further finds mention in the ruqa EX. P11 and FIR

    proved as EX. P12.

    
    
    
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    16           Hence, counsel for the appellant has not been able to point
    
    

    out any legal infirmity in the conclusions drawn or convince this Court to

    interfere with the same. It is further evident that even the trial Court has

    considered all the arguments raised by the appellant and thereafter, the

    evidence has been appreciated in the right perspective. The judgment of

    conviction dated 08.11.2011, passed by the Judge, Special Court, Sri

    Muktsar Sahib, in Sessions Case bearing No.450 dated 25.11.2005/RT

    No.154 dated 29.11.2006, thus cannot be interfered with. The appeal thus

    deserves to be dismissed on its challenge to the conviction part.

    17 Adverting to the question of quantum of sentence, counsel

    for the appellant contends that the appellant deserves the benefit of

    reconsideration of the sentence that has been awarded by the trial Court.

    He contends that out of the total sentence of 6 months awarded to the

    appellant, as per the custody certificate dated 19.03.2026, the appellant

    had already undergone a sentence of 3 months and 27 days, i.e. more than

    half of the sentence awarded by the trial Court. It is submitted that the

    recovery was non-commercial and that the incident took place in the year

    2005. A period of nearly 21 years has elapsed since then. The appellant

    has faced the agony of a protracted criminal trial for a long time. He

    further contends that, as per the custody certificate produced by the State,

    the appellant has not indulged in any other criminal offence and hence, he

    has integrated into society.

    PARAMETERS AND PRINCIPLES OF SENTENCING:

    18 The Hon’ble Supreme Court has laid down certain principles

    to govern the Courts in the matter of sentencing. Reference in this regard

    may be made to the judgment of the Hon’ble Supreme Court in the matter

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    of State of Punjab Vs. Prem Sagar & Ors (2008) 7 SCC 550. The relevant

    extract of the said judgment is reproduced hereinbelow: –

    5. ‘Whether the Court while awarding a sentence
    would take recourse to the principle of deterrence or
    reform or invoke the doctrine of proportionality, would
    no doubt depend upon the facts and circumstances of
    each case. While doing so, however, the nature of the
    offence said to have been committed by the appellant
    plays an important role. The offences which affect
    public health must be dealt with severely. For the said
    purpose, the courts must notice the object for enacting
    Article 47 of the Constitution of India.

    6. There are certain offences which touch our social
    fabric. We must remind ourselves that even while
    introducing the doctrine of plea bargaining in the
    Code of Criminal Procedure, certain types of offences
    had been kept out of the purview thereof. While
    imposing sentences, the said principles should be
    borne in mind.

    7. A sentence is a judgment on conviction of a crime.

    It is resorted to after a person is convicted of the
    offence. It is the ultimate goal of any justice-delivery
    system. Parliament, however, in providing for a
    hearing on sentence, as would appear from sub-

    section (2) of Section 235, sub-section (2) of Section
    248, Section 325 as also Sections 360 and 361 of the
    Code of Criminal Procedure, has laid down certain
    principles. The said provisions lay down the principle
    that the court in awarding the sentence must take into
    consideration a large number of relevant factors;
    sociological backdrop of the appellant being one of
    them.

    
    
    
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    8. Although a wide discretion has been conferred upon
    the court, the same must be exercised judiciously. It
    would depend upon the circumstances in which the
    crime has been committed and his mental state. Age of
    the appellant is also relevant.

    9. What would be the effect of the sentencing on the
    society is a question which has been left unanswered
    by the legislature. The Superior Courts have come
    across a large number of cases which go to show
    anomalies as regards the policy of sentencing.

    Whereas the quantum of punishment for commission of
    a similar type of offence varies from minimum to
    maximum, even where same sentence is imposed, the
    principles applied are found to be different. Similar
    discrepancies have been noticed in regard to
    imposition of fine.

    10. In Dhananjoy Chatterjee Alias Dhana v. State of
    W.B.
    [(1994) 2 SCC 220], this Court held:

    “15…Imposition of appropriate punishment is the
    manner in which the courts respond to the society’s cry
    for justice against the criminals. Justice demands that
    courts should impose punishment befitting the crime so
    that the courts reflect public abhorrence of the
    crime…”

    11. Gentela Vijayavardhan Rao and Another v. State
    of A.P.
    [(1996) 6 SCC 241], following Dhananjoy
    Chatterjee
    (supra), states the principles of deterrence
    and retribution but the same cannot be categorized as
    right or wrong. So much depends upon the belief of the
    judges.

    
    
    
    
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    12. In a recent decision in Shailesh Jasvantbhai and
    Another v. State of Gujarat and Others
    [(2006) 2 SCC
    359], this Court opined:

    “7. The law regulates social interests, arbitrates
    conflicting claims and demands. Security of persons
    and property of the people is an essential function of
    the State. It could be achieved through instrumentality
    of criminal law. Undoubtedly, there is a cross-cultural
    conflict where living law must find answer to the new
    challenges and the courts are required to mould the
    sentencing system to meet the challenges. The
    contagion of lawlessness would undermine social
    order and lay it in ruins. Protection of society and
    stamping out criminal proclivity must be the object of
    law which must be achieved by imposing appropriate
    sentence. Therefore, law as a cornerstone of the edifice
    of ‘order’ should meet the challenges confronting the
    society. Friedman in his Law in Changing Society
    stated that: “State of criminal law continues to be–as
    it should be–a decisive reflection of social
    consciousness of society.” Therefore, in operating the
    sentencing system, law should adopt the corrective
    machinery or deterrence based on factual matrix. By
    deft modulation, sentencing process be stern where it
    should be, and tempered with mercy where it warrants
    to be. The facts and given circumstances in each case,
    the nature of the crime, the manner in which it was
    planned and committed, the motive for commission of
    the crime, the conduct of the appellant, the nature of
    weapons used and all other attending circumstances
    are relevant facts which would enter into the area of
    consideration.

    Relying upon the decision of this Court in Sevaka
    Perumal v. State of T.N.
    [(1991) 3 SCC 471], this

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    Court furthermore held that it was the duty of every
    court to award proper sentence having regard to the
    nature of the offence and the manner in which it was
    executed or committed etc.
    xxx

    18. Don M. Gottfredson in his essay on “Sentencing
    Guidelines” in “Sentencing by Hyman Gross and
    Andrew von Hirsch” opines:

    “It is a common claim in the literature of criminal
    justice and indeed in the popular press that there is
    considerable “disparity” in sentencing. The word
    “disparity” has become a prerogative and the concept
    of “sentencing disparity” now carries with it the
    connotation of biased or insidious practices on the
    part of the judges. This is unfortunate in that much
    otherwise valid criticism has failed to separate
    justified variation from the unjustified variation
    referred to as disparity. The phrase “unwarranted
    disparity” may be preferred; not all sentencing
    variation should be considered unwarranted or
    disparate. Much of it properly reflects varying degrees
    of seriousness in the offense and/or varying
    characteristics of the offender. Dispositional variation
    that is based upon permissible, rationally relevant and
    understandably distinctive characteristics of the
    offender and of the offense may be wholly justified,
    beneficial and proper, so long as the variable qualities
    are carefully monitored for consistency and
    desirability over time. Moreover, since no two offenses
    or offenders are identical, the labeling of variation as
    disparity necessarily involves a value judgment- that
    is, disparity to one person may be simply justified
    variation to another. It is only when such variation
    takes the form of differing sentences for similar

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    offenders committing similar offenses that it can be
    considered disparate.”

    [Emphasis supplied]

    The learned author further opines:

    “In many jurisdictions, judicial discretion is nearly
    unlimited as to whether or not to incarcerate an
    individual; and bound only by statutory maxima,
    leaving a broad range of discretion, as to the length of
    sentence.”

    19. Kevin R. Reitz in Encyclopedia of Crime and
    Justice, Second edition “Sentencing guidelines” states:

    “All guideline jurisdictions have found it necessary to
    create rules that identify the factual issues at
    sentencing that must be resolved under the guidelines,
    those that are potentially relevant to a sentencing
    decision, and those viewed as forbidden
    considerations that may not be taken into account by
    sentencing courts. One heated controversy, addressed
    differently across jurisdictions, is whether the
    guideline sentence should be based exclusively on
    crimes for which offenders have been convicted
    (“conviction offenses”), or whether a guideline
    sentence should also reflect additional alleged
    criminal conduct for which formal convictions have
    not been obtained (“non-conviction offenses”).

    Another difficult issue of fact-finding at sentence for
    guideline designers has been the degree to which trial
    judges should be permitted to consider the personal
    characteristics of offenders as mitigating factors when
    imposing sentence. For example: Is the defendant a
    single parent with young children at home? Is the
    defendant a drug addict but a good candidate for drug
    treatment? Has the defendant struggled to overcome

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    conditions of economic, social or educational
    deprivation prior to the offense? Was the defendant’s
    criminal behavior explicable in part by youth,
    inexperience, or an unformed ability to resist peer
    pressure? Most guideline states, once again including
    all jurisdictions with voluntary guidelines, allow trial
    courts latitude to sentence outside of the guideline
    ranges based on the Judge’s assessment of such
    offender characteristics. Some states, fearing that race
    or class disparities might be exacerbated by unguided
    consideration of such factors, have placed limits on the
    list of eligible concerns. (However, such factors may
    indirectly affect the sentence, since judges are
    permitted to base departures on the offender’s
    particular ‘amenability’ to probation (Frase, 1997).)”

    20. Andrew von Hirsch and Nils Jareborg have divided
    the process of determining sentence into stages of
    determining proportionality while determining a
    sentence, namely:

    1. What interests are violated or threatened by the
    standard case of the crime- physical integrity,
    material support and amenity, freedom from
    humiliation, privacy and autonomy.

    2. Effect of violating those interests on the living
    standards of a typical victim- minimum well-being,
    adequate well-being, significant enhancement

    3. Culpability of the offender

    4. Remoteness of the actual harm as seen by a
    reasonable man.’

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    CONCLUSION

    19 Keeping the aforesaid principles in mind, it is evident that

    the offence in question is not in the nature as would be dangerous to

    national integrity or shocking to the public conscience.

    20 The object of punishment is not only to punish but also to

    rehabilitate the offenders in society. Where an appellant reflects a strong

    possibility of improvement and reformative behaviour, the process of law

    should come to the aid of such an appellant so as to ensure his

    reintegration into society.

    21 I find that the prolonged incarceration, the protracted

    criminal trial and the consequent agony faced by the appellant, the actual

    sentence out of total sentence already undergone by the appellant, the

    reformative tendency shown by the appellant by not indulging in any other

    offence, the age of the appellant at the time of the incident as well as the

    legal principles reproduced above, are sufficient mitigating

    circumstances.

    22 Consequently, finding no illegality, impropriety, perversity

    or failure to appreciate the evidence in its true perspective, or any

    reference to the material that the conclusions drawn by the trial Court are

    not borne out of the evidence adduced, the judgment of conviction dated

    08.11.2011 passed by the Judge, Special Court, Sri Muktsar Sahib, is

    affirmed. However, the order of sentence dated 08.11.2011 is modified,

    and the sentence awarded to the appellant is reduced to the period already

    undergone by him.

    
    
    
    
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    23         The present petition is accordingly partly allowed.
    
    
    
    March 19, 2026.                              (VINOD S. BHARDWAJ)
    raj arora                                           JUDGE
    
                      Whether speaking/reasoned : Yes/No
                      Whether reportable       : Yes/No
    
    
    
    
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