Bhuru vs The State of Madhya Pradesh

G.S. Solanki, J.—Learned Special Judge (Narcotic Drugs and Psychotropic Substances Act, 1985) {for short ''NDPS Act''}, Khandwa has passed the impugned judgment dated 8/9/2009 in Special Case No. 6/2009 whereby Appellant has been convicted u/s 8 read with Section 20(b)(ii)(B) of the Act and sentenced to undergo Rigorous Imprisonment for 8 years and to pay fine of Rs. 1,00,000/-, with default stipulations.

Being aggrieved Appellant has preferred this appeal u/s 374(2) of the Code of Criminal Procedure.

Prosecution story in short is that on 15.6.2009 at about 11.40, Mr. M.K. Raghuwanshi (PW8), Station House Officer, Police Outpost, Boregaon, received a secrete information that Appellant Bhuru S/o Najir Pinjara will go to Khandwa having contraband articles ''ganja'' with him. Mr. M.K. Raghuwanshi (PW8) apprised his superior officers at Khandwa about aforesaid secrete information. He called the Panch witnesses and proceeded to the place which was informed in a secrete information and caught hold of Appellant Bhuru S/o Nazir Pinjara. Appellant Bhura is apprised to his right to be searched before Gazetted Officer or Magistrate and after taking his consent for search, a search was made and contraband articles ''ganja'' of 1 Kilogram 980 gram was seized. At the same time, two samples of 25 gram each was prepared and sealed. Remaining article was also sealed. Sample was sent to Forensic Science Laboratory, Bhopal through Superintendent of Police, Khandwa. Assistant Chemical Examiner found ''ganja'' in sample sent to him and sent his opinion as Ex.P/16.

After usual investigation, Appellant was charge sheeted before the Special Judge, (NDPS Act), Khandwa, who framed the charge against the Appellant u/s 8/20(b)(ii)(B) of NDPS Act.

Accused/Appellant abjured the guilt however, the Special Judge vide impugned judgment dated 8/9/2009 recorded conviction and sentence as mentioned herein above.

Learned Counsel for the Appellant submitted that he did not challenging the conviction recorded by the learned trial Court. He further submitted that Appellant was in jail from 15/6/2009 to 30/7/2009 during trial and now he is in jail from 8/9/2009 till today (approximately more than 11/2 years). He further submitted that if the Appellant be sentenced to the period of jail sentence already undergone and fine may be reduced to the tune of Rs. 20,000/-, end of justice would be met. He placed reliance on the judgment of this Court dated 22/6/2010 passed in Criminal Appeal No. 2358/2009.

On the other hand, learned Counsel for the State has supported the impugned judgment and finding of the Trial Court.

I have perused the impugned judgment, evidence and other material on record and considering the contention of the learned Counsel for the Appellant, the conviction recorded by the trial Court is hereby affirmed.

Considering the facts and circumstances of the case and taking into consideration the quantity of seized contraband article including the fact that the Appellant is remained in custody about 11/2 years, interest of justice would be met if the sentence of imprisonment is reduced to 11/2 years and amount of fine is reduced to Rs. 20,000/-, with appropriate default stipulations.

In the result, the appeal is allowed in part. The impugned conviction is hereby affirmed. However, the terms of corresponding custodial sentence is reduced from 8 years to 11/2 years and amount of fine is reduced from 1,00,000/-to Rs. 20,000/-with the stipulation that in default of payment of fine, the Appellant shall have to suffer R.I. for 6 months.

Appeal is partly allowed.