Allahabad High Court
Gulam Waris vs State Of U.P. Thru. Prin. Secy. ... on 17 May, 2023
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:34447
Court No. - 13
Case :- CRIMINAL APPEAL No. - 1416 of 2023
Appellant :- Gulam Waris
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko.
Counsel for Appellant :- Anil Kumar Pandey
Counsel for Respondent :- G.A.
Hon'ble Suresh Kumar Gupta,J.
1. Heard Sri Anil Kumar Pandey, learned counsel for the appellant and the learned AGA and perused the record.
2. The present appeal has been preferred against the judgment and order dated 16.8.2021 passed by the Special Judge, NDPS Act, Court No.10, Barabanki in S.S.T. No.107 of 2021 arising out of case crime no.345 of 2020, Police Station Zaidpur, District- Barabanki by which the appellant-Gulam Waris was convicted under Section 8/21(b) of the NDPS Act for three years rigorous imprisonment and fine of of Rs.20,000/-.
3. The brief facts of the present case are that when constables Abhishek Singh and Rohit were petrolling at the Tikra turning they saw the appellant, who after seeing them tried to flee away. They stopped him and found 30 grams marphin from his possession. They took the appellant into custody under Section 8/21 of the NDPS Act. The appellant also signed on a confession letter. The recovery memo was prepared and on the basis of recovery memo the case was registered against the appellant. After investigation charge sheet was submitted against the appellant under Section 8/21 of the NDPS Act. The matter came up before the trial on 16.8.2021 in Jail Lok Adalat and on behalf of the appellant confessional letter was placed before the trial court. The trial court on the basis of confessional statement convicted the appellant as aforesaid. Therefore, the present appeal is filed by the appellant.
4. Learned counsel for the appellant has submitted before the Court that the appellant is a poor person and there is no one in his family except his ailing mother and the punishment has been awarded on the basis of confessional statement.
5. Learned A.G.A. vehemently opposed and submitted before the Court that the prosecution is fully able to prove the charges against the appellant. Therefore, learned trial court after appreciating the evidence available on record rightly convicted the appellant.
6. Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 reads as under:
[21. Punishment for contravention in relation to manufactured drugs and preparations.?Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactuered drug shall be punishable,?
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
7. Considering the poor condition of the appellant and as the appellant is in jail since 22.11.2020 and he has served more than two and half years of sentence, it is provided that the sentence awarded to the appellant is reduced to the period already undergone. The fine is also reduced from Rs.20,000/- to Rs.5000/-, which shall be deposited by the appellant within one month from the date of production of a certified copy of this order, and in default of payment of fine the appellant to undergo simple imprisonment for a period of fifteen days.
8. Thus, the appeal is dismissed on the point of conviction and partly allowed on the point of sentence.
9. Office is directed to communicate this order to the trial court concerned. The trial court record be sent back.
10. Superintendent of District Jail, Barabanki is hereby directed to immediately release the appellant if he does not wanted in any other case.
Order Date :- 17.5.2023
Anupam
