Madhya Pradesh High Court

CRA/1425/2020 of SUNIL Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE GAJENDRA SINGHON THE 29[th] OF DECEMBER, 2023

CRIMINAL APPEAL No. 1425 of 2020

BETWEEN:-

SUNIL S/O SHRI SHEETALPRASAD GUPTA, AGED ABOUT35 YEARS, OCCUPATION: LABOURER DOLATGANJSABJI MANDI GALI, UJJAIN P.S. DEWAS GATE,(MADHYA PRADESH)

(SHRI ANURAG VYAS- ADVOCATE THROUGH LEGAL AID)

.....APPELLANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH P.S. DEWAS GATE (MADHYAPRADESH)

(SHRI KAPIL MAHANT - PANEL LAWYER)

.....RESPONDENT

This appeal coming on for hearing this day, th e court passed the following:

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JUDGMENT

This appeal under Section 374(2) of the Cr.P.C has been preferredchallenging the order dated 28.01.2020 passed by Special Judge, NDPS Act,Ujjain in Special Case No.04/2016 whereby the appellant has been convictedunder Section 08/20(b)(ii)(B) of the NDPS Act, 1985 and sentenced to undergo01 year R.I and fine of Rs.10,000/- with ususal default stipulations.

2 . The facts in brief are that appellant/accused has been found withpossession of 1kg 350gms of Ganja. Thereafter, a case was registered againstthe appellant/accused in Crime No.40/16 at Police Station Kotwali, Ujjain. After completion of investigation chargesheet has been filed before the Special Judge,NDPS Act, Ujjain, .

3 . The appellant/accused abjured the guilt. Prosecution has examinedPolice Constable Dinesh Chouhan PW-1, Police Constable Yogesh SharmaPW-2, Assistant Sub-Inspector Bhagwan Singh Sengar PW-3, Nilesh GularPW-4, Anil Bairagi PW-5, Retired Head Constable Dinesh Saxena PW-6,Police Constable Rupendra Yadav PW-7, Police Inspector Vivek Kannodiya,Sub-Inspector O.P Joshi PW-09 and after appreciating the evidence convictedappellant/accused under Section 08/20(b)(ii)(B) of the NDPS Act, 1985 andsentenced him as mentioned in para 01 of the judgment.

4. Challenging the conviction and sentence this appeal has been preferredon the ground that independent witness Nilesh Gular PW-4 and Anil BairagiPW-5 have not supported the prosecution case. Also, provisions under Section42, 55, 57 and 52(A) of NDPS Act have not been complied with.

5. Heard with the aid of amicus curiae Shri Anurag Vyas, learnedcounsel on behalf of appellant.

6. Learned Govt. Advocate has opposed the prayer and prayed for its rejection.

7 . Perused the testimony of prosecution witnesses. Trial Court has discussed meticulously every issue raised on behalf of appellant/accused andrecorded the findings regarding compliance of Section 50, 55, 45 and 47 ofNDPS Act, 1985 in para 24,26, 29 and 31 of the judgment.

8. Re-appreciating the evidence of prosecution witnesses the findings oftrial Court regarding conviction of appellant/accused does not call forinterference hence, conviction of appellant/accused under Section 08 read with20(b)(ii)(B) of the NDPS Act, 1985 is hereby affirmed. Appellant/accused has already undergone the sentence from 14.02.2016 to 18.07.2016 and 28.01.2020to 11.05.2020.

9 . Looking to the period of custody and the quantity of contrabandseized from the appellant/accused the ends of justice would be served if theperiod of imprisonment is reduced to the period already undergone and theamount of fine is enhanced.

10. Accordingly, this appeal is partly allowed and the sentence awardedto the appellant/accused is hereby reduced to the sentence of period alreadyundergone which is 08 months 17 days b y increasing the fine amount fromRs.10,000/- to Rs.30,000/- to be paid by appellant/accused within 90 days fromtoday.

11. It is made clear that if the appellant/accused fails to deposit theremaining fine amount before the trial Court, he would suffer jail sentence forthree months of rigorous imprisonment in default of payment of fine amount.

12. A copy of this order be sent to the concerned trial Court fornecessary compliance.

Certified copy as per rules.

akanksha

(GAJENDRA SINGH)JUDGE

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