Sentence Reduced in Opium Possession Case
Court Considers Mitigating Factors Including Socio-economic Circumstances and First-time Offender Status to Modify Sentence
News Report:
In a significant judgment delivered on September 16, 2025, the Punjab and Haryana High Court reduced the sentence of Jhujar Singh, who was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, for possession of 1 kg 400 g of opium. The court modified the sentence from two years of rigorous imprisonment to the period already undergone, which totals 6 months and 23 days, while maintaining the fine imposed by the trial court.
The case, titled Jhujar Singh v. State of Punjab, was presided over by Justice Aman Chaudhary. The appellant had been initially sentenced by the Special Court, Jalandhar, following his conviction for the offense under Section 18 of the NDPS Act. Despite the affirmation of the conviction, the High Court's decision to reduce the sentence was influenced by several mitigating factors.
The judgment highlights the socio-economic circumstances of Jhujar Singh, identifying him as a first-time offender and the sole breadwinner of his family, which includes two children, one of whom is of marriageable age. The court also considered the prolonged duration of the trial, which has been ongoing since 2013, as a factor contributing to the decision to reduce the sentence.
Justice Chaudhary emphasized the reformative theory in sentencing, referencing precedents such as S.K. Sakkar @ Mannan v. State of West Bengal and Satish v. State of U.P. These cases underline the importance of offering first-time offenders an opportunity to reform and reintegrate into society rather than imposing purely punitive measures.
During the proceedings, the appellant's counsel argued for the reduction of the sentence, stressing Jhujar Singh's socio-economic hardships and his clean record during the pendency of the appeal. The State's counsel, while supporting the conviction, could not deny the absence of any further offenses by the appellant since the trial began.
The High Court's judgment reflects a balanced approach, aiming to serve justice while acknowledging the potential for rehabilitation. By reducing the sentence to the period already served, the court allows Jhujar Singh to return to his family and society, fostering a chance for repentance and positive future contributions.
The ruling is a reminder of the judicial system's role in recognizing individual circumstances and the potential for reform, especially for first-time offenders. It underscores the broader principle that while society must be protected from criminal activities, there is also a need to cultivate public harmony and offer offenders the chance for redemption.
The case is a notable example of the application of reformative justice in the Indian legal landscape, reaffirming the judiciary's commitment to not only uphold the law but also accommodate human and societal elements in its judgments.
Jhujar Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2779952
