Krishan Kumar @ Suman vs State of Haryana

K.C. Puri, J.

Crl.M.No. 65133 of 2010

Learned Counsel for the Appellant do not press the application for suspension of sentence. However, he prays that the main appeal be heard.

The application stands dismissed as not pressed.

The main appeal is taken up for hearing today.

Crl.A. No. 1815 SB of 2010

This is an appeal directed by accused-Appellant Krishan Kumar @ Suman, against the judgment dated 24.7.2010 passed by Mrs. Kanchan Mahi, Additional Sessions Judge (Fast Track Court), Hisar, vide which the accused Krishan Kumar @ Suman has been convicted u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as ''the NDPS Act), for having been found in possession 10 kgs 700 gms of Chura Post and sentenced him to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 20,000/-and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months.

The case of the prosecution, in brief, is that on 27.11.2007, police party headed by Assistant Sub Inspector Parkash Chander was present at bus stand, Hisar. The accused was seen having a plastic bag, who on seeing the police party became perplexed and started walking briskly. On suspicion, the accused was apprehended and on interrogation he told his name and address. A notice u/s 50 of the NDPS Act was served upon him on which the accused reposed confidence in the Assistant Sub Inspector Parkash Chander. On search of plastic bag, 10 kgs 700 gms Chura Post was recovered. Two samples of 100 gms each were separated. The samples and residue Chura Post were converted into sealed parcels and were taken into possession vide a memo. Thereafter, Krishan Kumar accused and the case property was reported before Inspector SHO Partap Singh, who after verification affixed his own seal on the case property. The report of FSL Madhuban, was called and after completion of investigation, challan was presented.

Charge u/s 15 of the NDPS Act was framed against the accused, to which he pleaded not guilty and claimed trial.

The prosecution, in order to bring home guilt of the accused examined PW-1 ASI Miya Singh, PW-2 EHC Sohan Singh, PW-3 Vijay Kumar, PW-4 Satyavir Singh, PW-5 ASI Parkash Chander, PW-6 Ved Parkash ASI, PW-7 Partap Singh Inspector/SHO and closed the prosecution evidence.

The accused was examined u/s 313 Code of Criminal Procedure and all the incriminating evidence was put to him, to which he denied and pleaded false implication. He was called upon to plead his defence, however, he led no evidence in defence.

Learned trial Court after appraisal of the evidence, found the accused guilty for having been found in possession of 10 kgs 700 gms of Chura Post without any licence and permit and consequently, the accused was sentenced to undergo imprisonment and fine as narrated above.

Feeling dissatisfied with the above said judgment of conviction, the accused-Appellant has preferred the present appeal.

Learned Counsel for the Appellant has not challenged the conviction, but has submitted that as per the conviction slip on the file, the Appellant has already undergone incarnation for a period of 7 months and 17 days. It is further contended that he is not a previous convict and is facing trial since 2007. It is also contended that he is a poor person with old aged parents to be looked after. He is not facing trial in any other case under the NDPS Act. So, prayer has been made for reduction of sentence.

I have carefully considered the submission made by counsel for the Appellant had have also gone through the record of the case.

So far as the conviction recorded by the trial Court is concerned, the same has not been challenged. Otherwise also, from the perusal of the judgment, it is revealed that recovery is corroborated by the recovery witnesses and there is nothing on the file to interfere in the conviction recorded by the trial Court. So, the conviction recorded by the trial Court stands confirmed.

Now, reverting to the quantum of sentence, as per the conviction slip the Appellant is not facing trial in any other case. The Appellant is facing trial in the present case since 2007. As per the conviction slip, he has undergone incarnation for a period of 7 months and 17 days as on 9.2.2011.

So, keeping in view all the circumstances, the ends of justice would be met in case, the sentence of the Appellant is reduced to the period already undergone and I order accordingly.

The appeal stands disposed of.

A copy of the judgment be sent to the trial Court for compliance.