Gopal Singh vs State of Madhya Pradesh

Leave granted.

This appeal is directed against the judgment and order dated 24.06.2019 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No.163 of 2019.

The facts leading to the filing of the appeal before the High Court have been noted by the High Court in its judgment and order dated 24.6.2019 as under :-

"The facts of the case, briefly stated, are that on 22/03/2010, police received source information that Gopalsingh was going from his village Gugva to Shyamgarh by Maddavan Road in motor-cycle Bajaj Boxer bearing Registration No.MP 14 BA 6628 to deliver cannabis (ganja). On the basis of this information, Police after complying with prescribed procedure, reached the spot and saw one person coming in a motor-cycle. The intercepted motor-cycle bearing registration No. MP 14 BA 6628 briefed the person in the motor-cycle about the secret information and asked his name, who stated his name as Gopal Singh. During search, total quantity of 10 kgs. of cannabis was recovered from him. After completing necessary formalities Police arrested Gopalsingh and registered F.I.R. at crime No.77/2010 under Section 8/20 of 'the Act'. After due investigation, charge-sheet was filed.

Appellant abjured his guilt and took a plea that he has been falsely.

Trial Court after considering the submissions advanced by the counsel for the parties and scrutinizing the entire evidence on record, convicted the appellant for offence under Section 8/20(b) read with Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'The Act, 1985') and sentenced to undergo 4 years R.I. with fine of Rs.20,000/- and usual default stipulation."

The High Court, thus, confirmed the conviction but reduced the sentence to three years rigorous imprisonment imposing additional fine of Rs.20,000/- on the present appellant.

Mr. Puneet Jain, learned counsel appearing for the appellant submitted that the quantity of contraband material was definitely less than the commercial quantity and Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 also does not impose any mandatory minimum sentence.

Considering the entirety of the facts on record, we further reduce the sentence from three years to two and a half years of rigorous imprisonment and increase the amount of fine from Rs.20,000/- to Rs.30,000/-. The amount of fine be deposited within two months from today. In case, there is failure to deposit the amount of fine, the sentence imposed by the High Court shall stand revived.

With the aforesaid observations, the appeal is disposed of.