$-18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 8th JULY, 2014
+ CRL.A.No.514/2012
IDRISH ..... Appellant
Through : Mr.Ajay Verma, Advocate.
versus
THE STATE OF NCT OF DELHI ..... Respondent
Through : Mr.M.N.Dudeja, APP.
ASI Ramesh Chand, Crime Branch.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Open Court)
1. Challenge in this appeal is to a judgment dated 25.02.2012 of learned Additional Sessions Judge / Special Judge (NDPS Act) in Sessions Case No. 01/2010 arising out of FIR No.214/2009 PS Crime Branch by which the appellant - Idrish was held guilty for committing offence under Section 20(b)(ii)(C) NDPS Act. By an order dated 25.02.2012, he was awarded RI for ten years with fine ` 1,00,000/-. Crl.A.No.514/2012 Page 1 of 3
2. Briefly stated, the prosecution case as set up in the charge- sheet was that on 22.12.2009 at around 02.30 P.M. at Bus Stand Ras Vihar, the appellant was found in possession of 1500 grams of 'Charas'. Mandatory provisions under the Act were complied with. Statements of the witnesses conversant with the facts were recorded. Two samples of 50 grams (marked 'A' & 'B') were taken and sealed. First Information Report was lodged. After completion of investigation, a charge-sheet was submitted against the appellant; he was duly charged and brought to trial. The prosecution examined ten witnesses. In 313 statement, the appellant pleaded false implication and examined Ishar Ahmed in defence as DW-1. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the appeal.
3. During the course of hearing of the appeal, appellant's counsel on instructions stated that the appellant has opted not to challenge the findings of the Trial Court on conviction. He, however, prayed to modify the default sentence as the appellant is unable to deposit the huge amount of ` 1,00,000/- due to his poor economic condition. To this, learned Addl. Public Prosecutor has no objection.
4. Since the appellant has given up challenge to the findings recorded on conviction under Section 20(b)(ii)(C) NDPS Act in the Crl.A.No.514/2012 Page 2 of 3 presence of overwhelming evidence regarding recovery of the contraband from his possession, conviction recorded by the Trial Court is affirmed.
5. The appellant has been awarded minimum sentence and fine as prescribed under the Act which cannot be altered or modified. Considering the poor economic condition of the appellant, the default sentence for non-payment of fine ` 1,00,000/- awarded by the Trial Court as RI for six months is modified to the extent that it will be SI for three months. Other terms and conditions of the sentence order are left undisturbed.
6. The appeal stands disposed of in the above terms. Trial Court record be sent back immediately with the copy of the order. A copy of the order be sent to the Superintendent jail for information.
(S.P.GARG) JUDGE JULY 08, 2014 / tr Crl.A.No.514/2012 Page 3 of 3