Chattisgarh High Court
Shamsher Ali vs The State Of Chhattisgarh on 1 July, 2024
Neutral Citation
2024:CGHC:23046
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 417 of 2024
1. Shamsher Ali S/o Maksood Ali Aged About 38 Years R/o Village
Maskanda, Police Station Seepat, District - Bilaspur, Chhattisgarh.
2. Raiq Khan S/o Ishaq Khan Aged About 30 Years R/o Village Maskanda,
Police Station Seepat, District - Bilaspur, Chhattisgarh. ---- Appellants
Versus
• The State Of Chhattisgarh Through Station House Oicer, Police Station
Saraipali, District - Mahasamund, Chhattisgarh. ---- Respondent
For Appellant : Mr. Lavkush Kumar Sahu, Advocate
For Respondent/State : Mr. Vivek Sharma, P.L.
Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board
01/07/2024
1. This criminal appeal has been iled under Section 374 (2) of Cr.P.C. by the
appellants against the judgment of conviction and order of sentence dated
15.02.2024 passed by the learned Special Judge (N.D.P.S.), Saraipali, Dis-
trict Mahasamund (C.G.), in Special Criminal Case No. 08/2017, whereby the
appellant has been convicted and sentenced as follows:-
Convicted under Sec- Sentenced to
tions
20(b)(ii)(B) of N.D.P.S. R.I. for 10-10 years with ine of Rs.
Act, 1985 50000/- Rs. 50000/- and, in default of
payment of ine, additional R.I. for 06-06
months to each appellants
2. The prosecution case, in brief, is that on 22.05.2017, the Police of Police
Station Mahasamund received secrete information through their informer
that, two persons found illegally transporting 08 Kg cannabis (ganja) without
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any valid license or permit in Motorcycle, Hero Honda SS CG10 BR 5807 at
Satish Chowk Basna, P.S. Basna, District Mahasamund. Thereafter, the
Police went to them and seized 8Kg of contraband from the exclusive
possession of the appellants. Thereafter the concerned police station
registered the FIR for the ofence punishable under Section 20(b)(ii)(B) of the
N.D.P.S. against the appellants. After completion of investigation, the
appellants have been arrested on 15.02.2024. The charge-sheet was iled
before the competent Court against the appellants.
3. The learned Special Judge (NDPS) Saraipali, District Mahasamund (C.G.),
after appreciating oral and documentary evidence available on record vide
judgment dated 15.02.2024, convicted the appellant for the ofence
punishable under Section 20(b)(ii)(B) of the N.D.P.S. and sentenced him as
mentioned in opening paragraph of this order.
4. The appellants were in jail from 22.05.2017 to 22.02.2018 (i.e. 09 months 05
days. However during whole trial, they were granted bail by this High Court,
vide order dated 23.02.2018. (i.e. from 27.02.2018 to 15.02.2024). After the
impugned conviction, they are in jail since 15.02.2024. The total period of jail
sentence till today is 13 months and 20 days.
5. Learned counsel for the appellants would submit that the appellants are
innocent persons and have been falsely implicated in the aforesaid case and
the mandatory provisions have not been followed by the prosecution. The
judgment of the Trial Court is bad in law as well as on facts. The learned Trial
Court ought not to have convicted and sentenced the appellants and ought to
have given the beneit of doubt since the evidence submitted by the
prosecution is very shaky and unbelievable. The Trial Court failed to
appreciate the evidence and documents available on record. Alternatively, he
submits that the trial Court has awarded the sentence of RI for 10 years and
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ine of Rs. 50,000/- under Section 20(b)(ii)(B) of the N.D.P.S, in default of
payment of ine 06-06 months additional R.I. for each appellants.
6. Learned counsel for the appellants submits that he does not want to press
this appeal on merits and conine his arguments to the sentence part thereof
only. Further, he submits that the appellant No. 1-Shamsher Ali at present is
aged about 38 years and appellant No. 2 at present is aged about 30 years
and as they are facing criminal trial since 2017 and the appellants have
already undergone 13 months and 20 days awarded by the trial Court in
Special Criminal NDPS Case No. 08/2017. Particularly, the fact that there is
no previous criminal antecedents against the appellants. Therefore, the jail
sentence awarded to the appellants may be reduced to the period already
undergone by them. He placed his reliance upon the decisions of the
Coordinate Bench of this High Court in the matters of Ajay Kumar Sarthi V.
State of Chhattisgarh in CRA No. 243 of 2022, Pritam Patel Vs. State of
Chhattisgarh in CRA No. 903 of 2015 and Yogendra Singh Markam Vs.
State of Chhattisgarh in CRA No. 1760 of 2022, the Cor-ordinate Bench has
reduced the sentence to the period already undergone, and therefore, similar
relief may be extended to the appellants herein as well.
7. Mr. Vivek Sharma, learned Panel Laywer appearing for the
respondent/State, submits that the Trial Court has rightly convicted and
sentenced the appellant, in which no interference is called for.
8. I have heard learned counsel for the parties, considered their rival
submissions made hereinabove and also went through the records with
utmost circumspection.
9. From perusal of the records, it transpires that the on 22.05.2017 appellants
found illegally transporting 08 Kg cannabis (ganja) without any valid license
or permit in Motorcycle, Hero Honda SS CG10 BR 5807 at Satish Chowk
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Basna, P.S. Basna, District Mahasamund. Thereafter, the Police went to
them and seized 8Kg of contraband from the joint possession of the
appellants. The trial Court after considering the material available on record
and evidence of the prosecution witnesses, convicted the appellant for the
ofence under Section 20(b)(ii)(B) of the N.D.P.S. and sentenced to undergo
RI for 10-10 years to each of appellants and ine of Rs.50000/- Rs. 50000/-.
Considering the material available on record and the evidence adduced by
the prosecution, I am of the view that the Trial Court did not commit any
illegality or inirmity in the indings recorded by Trial Court as regards
conviction of the appellants under Section 20(b)(ii)(B) of the N.D.P.S.
10. Now considering the question of sentence. As the appellants are facing
criminal trial since 2017 and thereafter more than 7 years has been elapsed,
considering the age of the appellants at present and further considering the
quantity of contraband seized from the joint possession of the appellants i.e.
08 Kg contraband(canabis), which is intermediate quantity and there is no
previous criminal antecedents against them and further the appellants have
already undergone 13 months and 20 days of jail sentence awarded by the
trial Court in Special Criminal NDPS Case No. 08/2017 and there would be
no useful purpose to remain the appellants in jail as they have already
sufered undergone sentence and also agony of criminal trial for so many
years, that meets the ends of justice. So this Court inds it appropriate to
reduce the sentence from RI for 10 year under Section 20(b)(ii)(B) of the
N.D.P.S. to the period already undergone by the appellant i.e. 13 months and
20 days of jail sentence. If the ine amount is not deposited by the appellants
as ordered by the trial Court, they shall further undergo as has been ordered
by the learned Special Judge (NDPS) Saraipali, District Mahasamund (C.G.).
Ordered accordingly.
11. Consequently, the present appeal is partly allowed. Conviction of the
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appellants under the aforementioned section is airmed and they are
sentenced to the period already undergone by them. The ine amount
imposed by the trial Court is hereby airmed and shall remain intact.
12. It is reported that the appellants are in jail. They be released forthwith, if
not required in any other cases.
13. Let a copy of this order and the original records be transmitted to the trial
court concerned forthwith for necessary information and compliance.
Sd/-
(Arvind Kumar Verma)
Judge
Jyoti
