Santosh Jaiswal vs State Of Chhattisgarh
2021 Latest Caselaw 989 Chatt

                                                                        NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 479 of 2021

   • Santosh Jaiswal, S/o Late Chotelal Jaiswal, Aged about 40 years, R/o
     Ward No. 04, Bada Dafai, Nourojabad, District- Umariya, Madhya
     Pradesh.

                                                                 ---- Appellant

                                      Versus

   • State of Chhattisgarh, Through- The Police Station- Kota, District-
     Bilaspur, Chhattisgarh.

                                                              ---- Respondent

For Appellant : Mr. Rajeev Kumar Dubey, Advocate. For Respondent/State : Mr. H.S. Ahluwalia, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel

Judgment on Board 08/07/2021

1. By the impugned judgment dated 18.03.2021 passed in Special

NDPS Case No. 30/2017 by the learned Special Judge (N.D.P.S.),

Bilaspur (C.G.), the Appellant has been convicted for the offence

punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and

Psychotropic Substances (in short the "NDPS Act") Act, 1985 and

sentenced to undergo rigorous imprisonment for 05 years, and to pay

fine of Rs. 50,000/- with default stipulation.

2. According to the case of prosecution, on 15.08.2017, Inspector of

Police Station- Belgahana Ravindra Mandavi (PW-12) along with

Police personnels were checking vehicles. During checking of

vehicles, a motor-cycle driven by the Appellant was stopped and on being searched, it was found that the Appellant had carried two

plastic bags containing total 20 Kgs. of contraband Ganja which has

been seized from his possession. On the basis of above, FIR has

been registered against the Appellant. After completion of

investigation, charge-sheet was filed by the police. To robe the

Appellant in the crime-in-question prosecution examined as many as

total 13 witnesses. In the statement of the Appellant recorded under

Section 313 of Cr.P.C, the Appellant pleaded his innocence and false

implication in the matter, however no defence witness was examined

by the Appellant. After completion of trial, the Trial Court convicted

and sentenced the Appellant as mentioned in Para one of this

judgment. Hence, this appeal.

3. Learned Counsel appearing for the Appellant submits that he does

not want to press this appeal on merits and confines his argument to

the sentence part only. He further submits that the Appellant is in jail

since 15.08.2017 and completed 04 years out of 05 years of jail

sentence, he has no criminal antecedent and has facing the lis for last

four years. Therefore, it is prayed that the jail sentence awarded to

the Appellant may be reduced to the period already undergone by

him.

4. On the contrary, learned State Counsel opposed the appeal and

supported the impugned judgment.

5. I have heard learned counsel appearing on behalf of the parties and

perused the record minutely.

6. Considering the above facts and circumstances of the case, particularly considering the fact that the Appellant is in jail since

15.08.2017 and completed about 04 years out of 05 years of jail

sentence, he has no criminal antecedent and facing the lis for last

four years. I am of the view that the ends of justice would be met if,

while upholding the conviction imposed upon the Appellant, the jail

sentence awarded to him is reduced to the period already undergone

by him.

7. Consequently, the appeal is partly allowed. The conviction of the

Appellant under Section 20(b)(ii-B) of the NDPS Act is affirmed and

against the conviction he is sentenced to the period already

undergone by him. The fine sentence for the above offence is also

affirmed.

8. Records of the Court below be sent back along with a copy of this

order forthwith for information and necessary compliance.

Sd/-

(Arvind Singh Chandel) Judge

Vasant/shubham