Chattisgarh High Court
Vijay Dubey vs State Of Chhattisgarh on 25 August, 2025
1
Digitally signed
by BHOLA NATH
KHATAI
Date: 2025.08.26
11:26:04 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1549 of 2025
Vijay Dubey S/o Sunil Dubey Aged About 20 Years R/o-
Indratma Nagar, Puraina, Police Station- New Rajendra Nagar,
Raipur, District- Raipur (C.G.)
... Appellant
versus
State Of Chhattisgarh Through Police Station Telebandha,
District- Raipur (C.G.)
... Respondent
For Appellant : Ms. Sangeeta Mishra, Advocate
For Respondent : Mr. Karan Kumar Baharani, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
25/08/2025
1 The present appeal under Section 415(2) of BNSS, 2023
has been filed challenging the judgment of conviction and
order of sentence dated 12.06.2025 passed by learned
Special Judge (NDPS Act), Raipur (C.G.) in Special Criminal
Case No.77/2020 whereby the appellant has been
convicted and sentenced as under :
Conviction Sentence
U/s 20(b)(ii)(B) of Rigorous imprisonment for 4 years
with fine of Rs.40,000/-, in default of
the NDPS Act payment of fine, additional R.I. for 8
months.
2 The case of prosecution, in short, is that on 28.10.2020 at
about 6:00 a.m., a secret information was received by
Assistant Sub Inspector Peer Mohammad (PW-10) to the
extent that two unknown persons were roaming in
Shatabdi Nagar Shamshanghat, Telibandha with Ganja in a
black travel bag and a yellow plastic bag in search of
customers for selling or smuggling in violation of the NDPS
Act. On the basis of the said information, a proceeding as is
required under the NDPS Act was initiated by PW-10 Peer
Mohammad, the Assistant Sub Inspector, PS Telibandha,
District Raipur. Intimation in this regard was immediately
sent to the higher officer. The Police team headed by PW-10
went to the spot and upon search, 2 Kgs Ganja was found
from the possession of the appellant in a black travel bag
and 2.5 Kgs Ganja was found from the possession of co-
accused Shailendra Banjare in a yellow plastic bag. The
statutory provisions under the NDPS Act was complied with
and the matter was put to trial before the Special Judge,
NDPS Act, Raipur.
3 During trial, the prosecution examined as many as 14
witnesses and exhibited 62 documents. The statements of
the accused persons were also recorded under Section 313
of the Cr.P.C. in which they denied the circumstances
appearing against them and pleaded innocence and false
implication in the case.
4 The trial Court, taking into consideration the evidences
which have come on record, vide impugned judgment dated
12.06.2025 found the appellant and the co-accused
Shailendra Banjare guilty for the offence punishable under
Section 20(b)(ii)(B) of NDPS Act and accordingly, convicted
and sentenced them under the said section as mentioned in
paragraph-1 of this judgment leading to the filing of this
appeal by appellant Vijay Dubey.
5 Learned counsel for the appellant submits that he is not
pressing the appeal so far as it relates to the conviction
part of the judgment and would confine his argument to the
sentence part thereof in respect of appellant Vijay Dubey.
According to him, the appellant remained in custody for
about 4 months & 26 days during trial, now he is in jail
from the date of impugned judgment i.e. 12.06.2025 i.e.
about 2 months & 13 days, the maximum sentence
imposed upon him is 4 years, out of which he has already
served about 7 months & 9 days jail sentence. There is no
past record against the appellant. Hence, considering all
theses facts, the sentence imposed upon the appellant may
be reduced to the period already undergone by him.
6 Per contra, learned counsel appearing for the State,
supporting the impugned judgment, opposed the argument
advanced on behalf of the counsel for appellant.
7 Heard learned counsel for the parties and perused the
record.
8 Having gone through the material available on record and
the statements of Assistant Sub Inspector Peer Mohammad
(PW-10), Head Constable/Mohrir Surendra Kumar Sahu
(PW-9), Constable Bhanu Pratap Sharma (PW-7), Head
Constable Ramnarayan Patel (PW-12), Nagar Sainik
Prashant Kaurav (PW-13), Head Constable Ram Krishna
Verma, FSL report Ex.P-62 and the proceedings conducted
by the Investigating Officer Peer Mohammad (PW-10), the
involvement of the appellant in the crime in question is
clearly established. This Court does not find any illegality in
the findings recorded by the Trial Court regarding
conviction of the appellant for the offence punishable under
Section 20(b)(ii)(B) of the NDPS Act.
9 As regards sentence, in the matter of Mohammad
Giasuddin v. State of Andhra Pradesh reported in (1977)
3 SCC 287, Hon'ble Supreme Court has observed that if
you are to punish a man retributively, you must injure
him. If you are to reform him, you must improve him and,
men are not improved by injuries and held in para-9 as
follows:
"9. Western jurisprudes and 'sociologists, from their
own angle have struck a like note. Sir Samual
Romilly, critical of the brutal penalties in the then
Britain, said in 1817 :
"The laws of England are written in blood". Alfieri
has suggested : 'society prepares the crime, the
criminal commits it'. George Nicodotis, Director of
Criminological Research Centre, Athens, Greece,
maintains that 'Crime is the result of the lack of the
right kind of education.' It is thus plain that crime
is a pathological aberration, that the criminal can
ordinarily be redeemed, that the State has to
rehabilitate rather than avenge. The sub-culture
that leads to anti-social behaviour has to be
countered not by undue cruelty but by re-
culturisation. Therefore, the focus of interest in
penology is the individual, and goal is salvaging
him for society. The infliction of harsh and savage
punishment is thus a relic of past and regressive
times. The human today views sentencing as a
process of reshaping a person who has deteriorated
into criminality and the modern community has a
primary stake in the rehabilitation of the offender
as a means of social defense. We, therefore consider
a therapeutic, rather than an in 'terrorem' outlook,
should prevail in our criminal courts, since brutal
incarceration of the person merely produces
laceration of his mind. In the words of George
Bernard Shaw : 'If you are to punish a man
retributively, you must injure him. If you are to
reform him, you must improve him and, men are
not improved by injuries'. We may permit ourselves
the liberty to quote from Judge Sir Jeoffrey
Streatfield : "If you are going to have anything to do
with the criminal Courts, you should see for
yourself the conditions under which prisoners serve
their sentences."
10 In the light of the decision of the Supreme Court in the case
of Mohammad Giasuddin (supra) and keeping in view the
fact that during trail the appellant was in custody for about
4 months and 26 days, now the appellant is in jail since
12.06.2025, the maximum sentence imposed upon the
appellant is 4 years, out of which he has already served
about 7 months & 9 days jail sentence, no criminal
antecedent of the appellant is recorded in the arrest memo,
he has studied upto 12th class and also considering the
facts and circumstances of the case, this Court is of the
opinion that the ends of justice would serve if the appellant
is sentenced to the period already undergone by him.
11 Accordingly, the conviction of the appellant under Section
20(b)(ii)(B) of the NDPS Act is maintained but his jail
sentence is reduced to the period already undergone by
him i.e. 7 month & 9 days. However, the fine and its default
stipulation imposed by the trial Court shall remain intact.
12 Consequently, the appeal is allowed in part to the extent
indicated herein-above.
13 The appellant is reported to be in jail. He be released
forthwith if not required to be detained in default of fine
and not required in any other case.
14 Record of the trial Court along with a copy of this judgment
be sent back forthwith for compliance and necessary
action, if any. A copy of the judgment may also be sent to
the concerned Jail Superintendent wherein the appellant is
suffering the jail sentence.
Sd/-
(Sanjay Kumar Jaiswal)
JUDGE
Khatai
