Sardar Khan vs State Of Rajasthan

Manoj Kumar Garg, J

Instant criminal appeal has been filed by the appellant against the judgment dated 06.03.2017 passed by learned Special Judge, NDPS Act Cases, Hanumangarh, in Session Case No.24/2014 (CIS No.203/2014) which the learned Judge convicted the appellant for offence under Section 8/15(B) of NDPS Act and sentenced him to undergo nine months’ R.I. alongwith a fine of Rs.9,000/- and in default of payment of fine, to undergo one month’s R.I.

Brief facts of the case are that on 10.06.2014 during patrolling, SHO, Police Station Sadar Hanumangarh found a person having a bag in his hand on link road of Dhananka Dhani. On inquiry, he disclosed his name as Sardar Khan, who is the appellant in this case. Upon search, 3 kg. & 600 Grams of poppy straw were recovered from the appellant 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 of NDPS Act was framed by the trial court against the appellant, who denied the charge and claimed trial.

During the course of trial, the prosecution examined ten witnesses and also exhibited some documents. Thereafter, statement of appellant under section 313 Cr.P.C was recorded.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 06.03.2017 convicted and sentenced the appellant for offence under Section 8/15(B) 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 2014 and the appellant has so far suffered a sentence of about twenty seven days, out of total sentence of nine months’ 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. 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 2014 and the appellant has so far undergone a period of twenty seven days incarceration, out of the total sentence of nine months’ 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 Section 8/15(B) 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 for offence under Section 8/15(B) 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.