Rambabu vs State Of Chhattisgarh
2023 Latest Caselaw 1101 Chatt

                                                              NAFR
         HIGH COURT OF CHHATTISGARH, BILASPUR
                      Cr.M.P. No.368 of 2023


Rambabu S/o Madhava Aged About 65 Years Ex-Senior Porter,
Commercial Department, R/o Ward No. 15 Dahiyan Bhata
P.O.Bagbahara District Mahasamund Chhattisgarh Pin 493449
                                                       ---Petitioner
                               Versus


State Of Chhattisgarh Through The Police Station Arang, District
Raipur Chhattisgarh                            ---- Respondent

For Petitioner: Shri Barun Chakarabarty, Advocate. For Respondent/State:Shri Ashish Gupta, PL.

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

21.02.2023

1. This Petition has been filed for modification of the judgment

dated 09.10.2020 passed by the co-ordinate Bench of this Court in

Criminal Appeal No.737/2011.

2. Shri Chakrabarty submits that the Petitioner has been convicted

vide order dated 22.09.2011 passed by the Special Sessions Judge

(NDPS)/Raipur in Special Criminal Case No.02/2009, which has been

affirmed in the judgment dated 09.10.2020 passed by the co-ordinate

Bench of this Court in Criminal Appeal No.737/2011. He further

submits that this Court, while passing the said judgment, having

considered that the incident took place 11 years back and he was found in illegal possession of ganja of 5.200 gms of ganja, reduced

the sentence imposed on him to the period already undergone. He

lastly submits that the Petitioner is a Government servant and the

said judgment will adversely affect his carrier and therefore, the same

may be modified to the extent that in the last line of operative portion

i.e. para-8, after the words "the period already undergone", the words

"the consequent benefit of service will not adversely affect" may be

inserted, so that the service of the Petitioner would not be adversely

affected.

3. Per contra, Shri Gupta submits that there is no scope of

modification in the judgment dated 09.10.2020.

4. Heard learned Counsel for the parties and perused the

judgment dated 09.10.2020 carefully.

5. Having considered the submissions made and having perused

the said judgment, this Court finds that there is no scope of

modification therein.

6. Accordingly, the instant Petition is dismissed at motion stage

itself, as the same is bereft of any merits.

Sd/-

(Deepak Kumar Tiwari) Judge Priya