HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.770 OF 2023
JUDGMENT:
1. This Criminal Appeal is filed by the petitioner Nos.1 to 3/Appellant Nos.1 to 3 aggrieved by the order dt.04.08.2023 passed in S.C.(NDPS) No.12 of 2018 by the Special Sessions Judge for trial of cases under Narcotic Drugs and Psychotropic Substances Act- cum-I Additional Sessions Judge, Khammam, wherein the accused Nos.1 to 3 are found guilty for the charge under Section 8(c ) r/w Section 20(b)(ii)(A) of NDPS Act and they are convicted under section 235 (2) Cr.P.C and sentenced to undergo rigorous imprisonment for a period of one year each.
2. The case of the prosecution is that on 06.08.2017 night the appellant Nos.1 to 3 and the accused No.4 were apprehended by the police and found that the appellants were in possession of dry ganja in polythene covers. The police seized 790 grams of ganja from the possession of appellant No.1/A1, seized 700 grams of ganja from the possession of appellant No.2/A2, seized 660 grams of ganja from the possession of Appellant No.3/A3 and seized 650 grams of ganja from 2 the possession of A4. The total weight of the seized contraband from all the four (4) persons was 2,800 grams.
3. The learned counsel appearing for the appellant Nos.1 to 3 would submit that the appellants were falsely implicated in the case and they were working as coolies. Further, no criminal case is pending against the appellants and none of the appellants were in possession of more than 1 kg ganja, which is small quantity. Since all the appellants were in possession of less than small quantity, this Court may consider reducing the sentence period already undergone.
4. The learned counsel appearing for the appellant Nos.1 to 3 further submits that the appellants did not have money even to provide security on the date of judgment, as such, they did not seek suspension of sentence under section 389(3) of Cr.P.C.
5. The learned Public Prosecutor would submit that there are no other criminal cases against these appellants. However, since they are found in possession of ganja, the conviction has to be confirmed.
6. Admittedly, the quantity seized from each of the appellants is less than small quantity, even according to the police, they were working as coolies in that area. There were no criminal antecedents 3 against the appellants and the appellants have undergone imprisonment when the case was registered by the police and they were in Jail since 04.08.2023. This Court deems it appropriate to reduce the sentence of imprisonment imposed on the appellants to the period already undergone. The appellant Nos.1 to 3 shall be released if they are not required in any other case.
7. Accordingly, the Criminal Appeal is partly allowed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 06.09.32023.
krl 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.770 OF 2023 Dt.06.09.2023.
krl