Devi Lal @ Nana Lal vs State Of Rajasthan

Manoj Kumar Garg, J

Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 15.02.2023 passed by learned Special Judge, NDPS Cases, Pratapgarh in Special Sessions Case No.33/2017 by which the learned Judge convicted and sentenced the appellant as under:-

Offence

Sentence

Fine & default sentence

Section 8/15 of NDPS Act

1 Year’s RI

Rs.10,000/- and in default o

Section 8/25 of NDPS Act

1 Year’s RI

Rs.10,000/- and in default of payment of fine, 1 month’s RI

Both the sentences were ordered to run concurrently.

Brief facts of the case are that on 28.11.2016, SHO, Police Station Parsola alongwith patrolling team laid a blockade. During blockade, they apprehended two persons coming from Dhariyawad Road and after seeing the blockade, they turned the motorcycle. After that, rider of the motorcycle fled away from spot and pillion rider was caught. On inquiry from pillion rider, he disclosed his name as Suraj Sen @ Surya and rider name as Devi Lal @ Nana Lal, who is the appellant in this case. Upon search, poppy husk was recovered without any valid licence and permit.

The police registered the FIR for offence under Section 8/15 NDPS Act and started investigation. After investigation, the police filed challan against the present appellant. Thereafter, the charge for offence under Section 8/15 & 25 of NDPS Act was framed by the trial court against the appellant, who denied the charges and claimed trial.

During the course of trial, the prosecution examined fourteen witnesses and also exhibited some documents. Thereafter, statement of appellant under section 313 Cr.P.C was recorded. No witness was examined on the defence side.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 15.02.2023 convicted and sentenced the appellant for offence under Sections 8/15 & 8/25 of NDPS Act as mentioned earlier.

At the threshold, learned counsel for the appellant does not challenge the finding of conviction but it is submitted that since the occurrence relates back to year 2016 and the appellant has so far suffered a sentence of about twenty five days, out of total sentence of one year’s R.I., therefore, it is prayed that the substantive sentence awarded to the appellant for the aforesaid offence may be reduced to the period already undergone by him. Counsel for the appellant further submits that the recovered contraband is below commercial quantity. In support of his contention, learned counsel for the appellant relied upon judgment of this Court in the case of Mohammad Ali v. State of Rajasthan reported in 2013(4) CJ(Cri.) (Raj.) 1914, Niyamat Ali Nemu v. State of Rajasthan reported in 2013(4) CJ(Cri.) (Raj.) 1915, Sher Singh vs. State of Rajasthan reported in 2016(1) WLN 156 (Raj.)

On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case.

I have perused the evidence of the prosecution as well as defence and the judgment passed by the trial court regarding conviction of the accused-appellant.

Undisputedly, the incident relates back to the year 2016 and the appellant has so far undergone a period of twenty five days incarceration, out of the total sentence of one year’s R.I. so also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the appellant has remained behind the bars for considerable time, it will be just and proper if the sentence awarded by the trial court for offence under Sections 8/15 & 8/25 of NDPS Act is reduced to the period already undergone by him while maintaining the fine amount as imposed by the trial court.

Accordingly, the appeal is partly allowed. While maintaining the appellant’s conviction and sentence for offence under Sections 8/15 & 8/25 of NDPS Act, the sentence awarded to him is reduced to the period already undergone, however the amount of fine is hereby maintained. Three months’ time is granted to deposit the fine amount before the trial court. In default of payment of fine, the appellant shall undergo one months’ RI. The appellant is on bail. He need not surrender. His bail bonds stand discharged.

The record of the trial court be sent back forthwith.