Sureshchandra S/O Nanalal vs State Of Madhya Pradesh

Sujoy Paul, J

The present Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, 1973 is arising out of the judgment dated 25.09.2018 delivered by the Special Judge, N.D.P.S. Act, Neemuch in Special (NDPS) Case No.75/02, whereby appellant - Sureshchandra has been convicted under Section 8 r/w section 18(b) of the N.D.P.S. Act and sentenced to 12 years' rigorous imprisonment and Rs.1,50,000/- fine with the default stipulation of 1½ years' of rigorous imprisonment.

As per prosecution case, the appellant was found to be in possession of 11 kg opium a narcotic substance on 18.03.2000. As per requirement of Section 50 of the said Act, a search was made. During search, a polythene bag was found in the possession of appellant. Inside said bag, two more white bags were found. After measurement it was found that appellant was carrying total 11 kg opium.

After completion of investigation, charge-sheet was filed under Section 8/18(b) of the N.D.P.S. Act. The appellant denied the allegations. Ultimately, the charge made against the appellant was found to be proved by the trial Court as described above.

Learned counsel for the appellant candidly submitted that he is not assailing the finding part of the judgment and limits his arguments to assail the quantum of sentence. In support of his submission, he placed reliance on certain judgments, wherein for similar or more quantity of substance, the period of sentence was lesser than the sentence imposed on the present appellant. Consequently, he also prayed for reduction of sentence period in absence of depositing the fine amount.

Learned Panel Lawyer for the State supported the impugned judgment.

The appellant is already in custody. No criminal antecedents of similar nature of appellant were pointed out to this Court. In Shahejadkhan Mahebukhan Pathan v/s The State of Gujarat reported in JT 2012 (10) SC 8, the Apex Court reduced the sentence from 15 years to 10 years wherein the appellant therein, was found carrying 500 gm of brown sugar. The sentence was reduced because the appellant therein was a first time offender. Same is the case here.

Similarly, in Jeet Ram v/s the Narcotics Central Bureau, Chandigarh passed in Criminal Appeal No.688/2013 decided on 15.09.2020, 13 kg of charas was recovered from the appellant therein and the Court reduced the sentence from 15 years to 10 years.

This Court in Hokamchand Meena @ Bhuralal v/s The State of Madhya Pradesh in Criminal Appeal No.210/2007 decided on 29.10.2015 reduced the sentence from 12 years to 10 years in a case where 540 gm of brown sugar was seized from the possession of appellant therein.

In a recent case i.e., Criminal Appeal No.1776/2016 (Rakesh v/s The State of Madhya Pradesh) decided on 25. 02.2021, the Court reduced the sentence from 11 years to 10 years which is minimum prescribed sentence under the said provision of N.D.P.S. Act. Pertinently, in the said case, 4 kg 500 gm of opium was found to be in possession of appellant therein.

Considering the aforesaid, we deem it proper to reduce the jail sentence of appellant from 12 years' rigorous imprisonment to 10 years' rigorous imprisonment. It is further directed that the period of imprisonment in jail in default of payment of Rs.1,50,000/- shall stand reduced to six months.

Consequently, the appeal is partly allowed to the extent indicated above.

A copy of this judgment be sent along the original record to the concerned trial Court for compliance.

Certified copy, as per Rules.