Geeta Saket vs State of Madhya Pradesh

Hon''ble Justice Shri N.K. Gupta

The appellant has preferred this appeal against the judgment dated 16.06.2012 passed by the learned Special Judge, NDPS Act, Satna in Special Case No. 17/2010 whereby the appellant was convicted for the offence punishable u/s 8 read with Section 20(b)(ii)(B) of NDPS Act and sentenced for four years rigorous imprisonment with fine of Rs. 1,000/- and in default of payment of fine two months rigorous imprisonment was directed. The prosecution case in short is that on 23-07-10, Assistant Sub-Inspector, Shri U.P.S. Baghel who was posted at Police Station Kolgawn had received an information that the appellant was selling some ganja from her house. After adopting the appropriate procedure, raid was directed in the house of the appellant and 1.600 Kilograms ganja was found with her. Two samples were taken from the ganja and entire material of was seized. Samples were sent to the Forensic Science Laboratory and in the report of the Forensic Science Laboratory ganja was found in those samples. After due investigation, a charge-sheet was filed before the Special Court, NDPS Act, Satna.

The appellant abjured her guilt. She did not take any specific plea however, Vishwanath Kuswaha (DW-1) was examined as defence witness.

The learned Special Judge after considering the evidence adduced by the parties, convicted the appellant for the offence punishable u/s 8 read with Section 20(b)(ii)(B) of NDPS Act and sentenced as mentioned above.

I have heard the learned counsel for the parties.

Looking to the submissions made by the learned counsel for the parties and facts and circumstances of the case, it is apparent that the appellant does not want to challenge the conviction directed against her but she prays for reduction of the sentence. The submission made by the learned counsel for the appellant appears to be acceptable, as for 1 kilograms of ganja, a maximum sentence of six months is prescribed and therefore, if 1.600 kgs. of ganja was found with the appellant then, sentence should not be more than one year. The appellant remained in the custody for more than 18 months and therefore, looking to the quantity of ganja and also to the fact that the appellant is a women, it is a fit case where the sentence directed against the appellant shall be reduced to the period which she has already undergone in the custody.

On the basis of the aforesaid discussion, the appeal filed by the appellant is hereby partly allowed. The conviction directed against the appellant for the offence punishable u/s 8 read with Section 20(b)(ii)(B) of NDPS Act, is hereby maintained but, jail sentence is reduced to the period which she has already undergone in the custody. No change in the fine amount.

Though, a bail order was passed on 05-09-12 in favour of the appellant but, no documents are received from the trial court as to whether the appellant furnished the bail bond or not. Therefore, the Registry is directed to issue a supersession warrant forthwith so that the appellant may be released without any delay. If the appellant is enlarged on bail then, it is directed that her bail bond shall stand discharged. A copy of the judgment be sent to the trial Court along with its record for information and compliance (if any).