Shubham Sharma vs State Of Chhattisgarh
2022 Latest Caselaw 994 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR

                                           CRA No. 1694 of 2021

             1. Shubham Sharma, S/o Ravindra Sharma, Aged About 20 Years, R/o Village
                Kosta, Raithara, Thana-Saman, District : Rewa, Madhya Pradesh.

             2. Ashish Mishra, S/o Saroj Kumar Mishra, Aged About 21 Years, R/o Chillgaon,
                Police Station-Naigarhi, District : Rewa, Madhya Pradesh.

                                                                                   ---- Appellants

                                                  Versus

             1. State of Chhattisgarh Through District Magistrate, Raigarh, District : Raigarh,
                Chhattisgarh

                                                                                 ----Respondent

23/02/2022 Mr. Goutam Khetrapal, Advocate for appellant No.1.

Mr. Awadh Tripathi, Advocate for appellant No.2.

Ms. Shivali Dubey, Panel Lawyer for State.

Heard on IA No.3, application for suspension of the sentence of fine amount imposed upon the appellant No.2.

By the impugned judgment dated 17.12.2021 passed by the learned Special Judge, (NDPS)Act, Raigarh, District-Raigarh, Chhattisgarh in Special (NDPS) Case No.10/2018, Appellant stands convicted as under:-

Conviction Sentence

U/s 20(B)(ii)(c) of the Narcotic Drugs and : RI for 15 years & fine amount of Psychotropic Substances Act, 1985. Rs.1,00,000/-and in default of payment of fine further R.I. for the period of 4 years.

Learned counsel for the appellant No.2 submits that appellant No.2 does not have financial resources to pay the huge amount of fine, therefore, this fine sentence may also be suspended as suspension of sentence has already been granted by the order of this Court vide order dated 11.2.2022.

Learned State counsel opposes the submissions made by counsel for appellant. After considering on the submissions, the present application is allowed with modification. The appellant No.2 is directed to make payment of 50% of fine amount i.e. Rs.50,000/- within a period of one month and on making such payment the recovery of the remaining amount of fine from the appellant No.2 shall remain suspended.

Accordingly, IA No.3 is allowed and it is directed that part of the sentence of fine shall remain suspended till the final disposal of this appeal.

                              Sd/-                                            Sd/-
                       (R.C.S. Samant)                               (Arvind Singh Chandel)
                            Judge                                             Judge




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