THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.721 of 2023
JUDGMENT:
This Criminal Appeal is filed by the Appellants/A1 & A2 aggrieved by the conviction recorded by the Special Sessions Judge for Trial of Cases under the Narcotic Drugs and Psychotropic Substances Act, 1985-cum-I Additional Sessions Judge, Khammam, convicting the appellants/A1 and A2 for the offence punishable under Section 8(c) r/w.20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentencing them to undergo Rigorous Imprisonment for a period of 20 years each and a fine of Rs.1 lakh each.
2. Heard.
3. The case of the prosecution is that on 09.07.2019, PW1 along with his staff found the appellants in the bus-stand with bags. On seeing the Police, they tried to escape. The 1st appellant/A1 was found in possession of Kg.8.315 grams of ganja and 2nd appellant/A2 was found in possession of Kg.6.185 grams of ganja. Having followed the procedure, the appellants were produced before the Court and were sent to judicial remand. After 2 completion of investigation, the appellants were sent to judicial custody.
4. The Police having concluded investigation, filed charge sheet.
5. Learned Sessions Judge having examined PW1 to PW7 and marking Exs.P1 to P9 found that these appellants were guilty of the offence for being in possession of ganja. Accordingly, the learned Sessions convicted the appellants to undergo Rigorous Imprisonment for a period of 20 years, each, and imposed a fine of Rs.1 lakh, each, and in default of payment of fine, the appellants are sentenced to undergo Rigorous Imprisonment for a period of one year.
6. Learned Counsel appearing for the appellants would submit that the Sessions Judge had committed an error in sentencing the accused to twenty years when the contraband that was found with the appellants/A1 & A2 was intermediary quantity. Admittedly, Accused No.1 was found in possession of Kg.8.315 grams and Accused No.2 was found in possession of Kg.6.185 grams of ganja. Admittedly, the appellants were not involved in any other cases and it was the first case which was registered against the appellants. He further submits that the maximum 3 punishment that can be imposed on the accused for intermediary quantity is 10 years under Section 20(b) of the NDPS Act. The counsel further submits that 1st appellant's husband was mentally ill, she was having two children and she was earning by doing labour work on daily wage and taking care of her children and her mentally sick husband. The 2nd appellant/A2 was having ten year old son and her husband died 9 years back and there was no one to look after her son. In view of the said mitigating circumstances, the counsel requested the Court to reduce the sentence of imprisonment of the appellants/A1 & A2. Further, the appellants could not pay fine.
7. The appellants are not involved in any other cases. The mitigating circumstances are that both the appellants are woman and having children aged about 10 years to take care of. The children would become destitutes. The quantity that was seized, admittedly, is intermediary quantity. The offence is punishable up to 10 years. The statute does not prescribe any minimum sentence.
8. Keeping in view the quantity of contraband seized, the dependents of the appellants and since the appellants are first time offenders, this Court deems it appropriate to reduce the 4 sentence of imprisonment to one year, each. The sentence of fine amount is reduced to Rs.25,000/-, each. On failure to pay fine amount, the appellants/A1 and A2 shall undergo imprisonment for a period of two months.
9. Accordingly, the Criminal Appeal is partly allowed.
Miscellaneous applications, if any pending in this criminal appeal, shall stand closed.
__________________ K.SURENDER, J Date : 09.11.2023 tk 5 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.721 of 2023 Dt.09.11.2023 tk