THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No. 469 OF 2010
JUDGMENT:
This Criminal Appeal is filed by the Appellant/A2 aggrieved by the conviction recorded by the Special Judge under the N.D.P.S.Act-cum-I Additional Sessions Judge, Adilabad, dt.28.01.2010, in N.D.S.C.No.27 of 2008, convicting the accused for the offence punishable under Section 20(b) of NDPS, Act, and sentence of rigorous imprisonment for a period of two years.
2. Heard both sides and perused the record.
3. The case of the prosecution is that Wankidi police on specific information regarding illegal possession of ganja, went to a hotel and found this appellant and two others carrying bags. They were questioned and also informed about their right to be searched before a gazetted officer or nearest magistrate. Accordingly, procedure under NDPS Act was followed and the police seized 10 kgs. of ganja from each of the accused Nos.1 to 3. The present appellant is Accused No.2 and the case was split up against A1 and A3 for the reason of their absconding.
4. Learned Counsel for the appellant/A2 would submit that without going into the merits of the case, he sought indulgence of 2 this Court in reducing the period of imprisonment to the period already undergone. He states reasons of there being no other criminal antecedents of the appellant and that the appellant was having dependents who are two children, mother and sister.
5. Keeping in view the appellant being first time offender and nearly 15 years have passed by since the incident occurred, this Court deems it appropriate to reduce the period of sentence of imprisonment to the period already undergone.
6. Accordingly, the Criminal Appeal is partly allowed and the sentence of imprisonment of the appellant/A2 is reduced to the period already undergone.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Dt.:03.11.2022 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No. 469 OF 2010 Dt. 03.11.2022 tk