Ravi @ Ravi Kumar vs State of Haryana

K.C. Puri, J.—This is an appeal directed by Ravi @ Ravi Kumar son of Chhavi Lal, resident of village Deep Nagar, Police Station Batol,

District Rupan Dehi Lumiachal (Nepal) against the judgment dated 2.01.2009 passed by Sh. A.K. Jain, Judge, Special Court, Panipat, vide which

the accused has been convicted u/s 20 of NDPS Act for having been found in possession of 850 grams charas without having any permit and

licence and sentence to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 80,000/- and in default of payment of fine to further

undergo imprisonment for a period of one and half year. Learned counsel for the appellant has submitted that so far as, the conviction recorded by

the trial Court is concerned that seems to be un-assailable as the recovery of contraband is duly proved and all the formalities have been complied

with and has submitted that a lenient view may be taken regarding quantum of sentence.

The State counsel has opposed the prayer.

I have considered the submissions made by both the sides and have gone through the record of the case very carefully.

Since this is first appeal. I have myself gone through the record of the case. All the recovery witnesses have supported the case of the

prosecution on all material particulars and all the mandatory provisions of the act have been complied with. So, the conviction recorded by the trial

Court stands affirmed.

Regarding quantum of sentence counsel for the appellant has submitted that appellant has undergone incarceration for a period of 5 years and

one month out of the substantive sentence of 8 years awarded by the trial Court. It is contended that quantity recovered is non-commercial in

nature and accused is not facing trail in any other case.

As per conviction certificate placed on record, appellant is stated to be in custody since 5.06.2008 i.e. last more than five years one month.

Quantity recovered is non-commercial in nature, so, considering all the circumstances the sentence of imprisonment and fine stands reduced to the

period already undergone. He be released forthwith in this case, if he is not required in any other case.

Disposed of.

Criminal Misc. No. 27635 of 2013

Since, the main case has been decided. So, the application for suspension of sentence stands dismissed as having become infructuous. A copy

of the judgment be sent to the trial Court for strict compliance.