Not jailing convict after reformation will inspire others: Punjab and Haryana High Court

Tribune News Service

Saurabh Malik

Chandigarh, May 24

In a significant judgment, the Punjab and Haryana High Court has made it clear that an example will be set for the others to follow if a convict in a drug case is not sent behind bars following his reformation and non-repetition of crime. The judgment came as Justice Sanjay Vashisth reduced the substantive sentence of imprisonment to period already undergone after asserting that others may also to get inspired and not involve themselves again in narcotic drugs.

Justice Vashisth asserted appellant, who was 36 at the time of recovery, was not involved in any other criminal case, except the present one. He was never found indulging in any other “similar activity” after his release on bail vide order dated December 3, 2004. It showed that the appellant had adopted the principles of reformatory theory with the passage of time and was a direct message to reform despite facing conviction in a criminal case.

Justice Vashisth was hearing an appeal filed by the convict challenging judgment of his conviction and sentence passed by an Additional Sessions Judge in November 2004 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act.

Justice Vashisth observed the appellant was sentenced to three years’ rigorous imprisonment. His appeal was admitted and remaining sentence suspended during the appeal’s pendency before the High Court. The Bench also took note of his counsel’s contentions that the appellant had already undergone more than six months of actual sentence and was facing the agony of criminal prosecution for the last about 23 years.

Referring to “reformatory theory” in context to a wrongdoer, Justice Vashisth quoted the Supreme Court as saying, “If every saint has a past, every sinner has a future, and it is the role of law to remind both of this.”

Justice Vashisth asserted: “Had he been an addict himself or in the business of narcotic drugs, chances of his involvement after registration of the case in hand could be on higher side; non-involvement in any other case is enough to assess that appellant has reformed himself and rehabilitated in society; and that not sending the appellant again behind the bars, because of not repeating such offence again, may set an example for others also to get inspired of not involving themselves again in the field of narcotic drugs.”

Taking into consideration the totality of circumstances, Justice Vashisth maintained the conviction, but added the court was of the view that ends of justice would be best met if his substantive sentence was reduced to period undergone. At the same time, the Bench doubled the fine to Rs 20,000.

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