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Judgment
Notice of the respondent no. 1 has been received served.
Notice of respondent no. 2 received unserved as presently he is
lodged at Ajmer jail.
By way of this appeal, the State of Rajasthan has
approached this Court under Section 377 Cr.P.C. seeking
enhancement of sentences awarded to the respondents by learned
Special Judge, N.D.P.S. Act Cases, Bhilwara in Sessions Case No.
42/2011 whereby whilst holding the respondent Shanker Luhar
guilty for the offence under Section 8 / 29 of the N.D.P.S. Act and
the respondent Nanu Ram for the offence under Section 8 / 15 of
the N.D.P.S. Act the trial court sentenced each of them to 10
years'' R.I. and a fine of Rs. 1 lakh each, in default of payment of
fine to further undergo one year''s R.I.
Considering the over all facts and circumstances of the case
as available on record, the delay of 13 days occasioned in filing
the appeal is condoned while accepting the application preferred
under Section 5 of the Limitation Act.
I have heard the arguments advanced by Mr. S.K.Vyas, G.A.
on merits and have gone through the impugned judgment.
The F.I.R. was registered way back in the year 2011 with the
allegation that the respondents were framed indulging in illicit
trade of poppy straw weighing 407 kgs. Learned trial Judge
awarded the minimum prescribed sentence of 10 years R.I. and a
fine of Rs. 1 Lakh to both the respondents after holding them
guilty as mentioned above. Learned Govt. Advocate has not been
able to point any significant circumstance or any previous adverse
criminal conduct of the respondents by which this Court can be
persuaded to enhance the minimum sentence of 10 years R.I.
awarded to them by the trial court for these offences.
In view of the discussion made hereinabove, the instant
appeal is hereby rejected as being devoid of merit.