Chattisgarh High Court
Banarsi Das vs State Of Chhattisgarh on 14 February, 2025
1
Digitally 2025:CGHC:8077
signed by
SOURABH
SOURABH
PATEL
PATEL
Date:
2025.02.18
NAFR
13:56:27
HIGH COURT OF CHHATTISGARH AT BILASPUR
+0530
CRA No. 266 of 2007
• Banarsi Das S/o Chamru Das, Aged about 47 years, R/o Village Sapna,
P.S. Gandhi Nagar, District-Sarguja.
... Appellant
versus
• State Of Chhattisgarh Through P.S. Bishrampur, Distt.-Sarguja (C.G.).
... Respondent
For Appellant : Shrawan Agrawal, Advocate
For Respondent/State : Mr. H.A.P.S. Bhatia, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
14/02/2025
1. The present appeal arises out of the impugned judgment of
conviction and order of sentence dated 28.03.2007 passed by the
learned Special Judge, Ambikapur, District Sarguja (C.G.), in
Special Criminal Case No. 19/2006 whereby the learned Special
Judge has convicted and sentenced the appellant as under :
Conviction Sentence
U/s 20 (b)-ii(b) R.I. for 02 years with fine of Rs. 10,000/- in
N.D.P.S. Act, 1985 default of payment of fine amount
additional R.I. for 04 months.
2. Brief facts of the case are that on 10.09.2006 the Inspector, in
charge of the Vishrampur Police Station received secret information
that a person was transporting ganja illegally on a cycle. The said
information was recorded in the Rojnamcha (police diary) and
informed the Superintendent of Police, Surajpur. Thereafter the
police arrived at the spot and there they found the accused, who was
stopped and inquired. A notice under Section 50 of the N.D.P.S. Act
was served upon the appellant and a search was made, on being
search two separate packets of ganja weighing 02 kg 150 grans of
Ganja recovered from the possession of the present appellant.
Samples of 25 grams of ganja was separated from each packet. The
contraband as well as the sample was sealed and the appellant and
the contraband were taken to the police station. After due procedure
and investigation charge sheet was filed against the present
appellant.
3. So as to hold the accused/appellant guilty, the prosecution has
examined as many as 07 witnesses and 27 documents. The
statement of the accused/appellant was also recorded under Section
313 of the Cr.P.C. in which he denied the circumstances appearing
against him and pleaded innocence and false implication in the case.
4. After hearing the parties, vide impugned judgment of conviction
and order of sentence dated 28.03.2007, learned Special Judge has
convicted and sentenced the accused/appellant as mentioned in
para-1 of this judgment. Hence, the present appeal.
5. Learned counsel for the appellant submits 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 only.
According to him, the incident is said to have taken place in the
year 2006, and thereby more than 18 years have rolled by since
then. The appellant has already remained in jail for about 07 months
and 03 days, and no useful purpose would be served in again
sending him to jail, therefore, in the interest of justice, it would be
appropriate if the sentence imposed upon him 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 arguments advanced on behalf of
the appellant.
7. Heard learned counsel for the parties and perused the material on
record including the impugned judgment.
8. Having gone through the material on record and the evidence of the
witnesses Ramnaresh Gupta (PW-2), Sunil Rana (PW-5), Sitaram
(PW-6), R.K. Shukla (PW-7),s establish the involvement of the
accused/appellant in the crime in question beyond reasonable doubt.
Thus, considering the oral and documentary evidence on record the
seizure of Contraband Ganja from the possession of the accused
/appellant which was subsequently found to be Ganja as per FSL
report vide Ex. P-24. This Court does not see any illegality in the
findings recorded by the trial Court as regards conviction of the
appellant under Section 20(b)-ii(b) of Narcotic Drugs and
Psychotropic Substances Act.
9. In the instant case, the appellant has already remained in jail for
about 07 months and 03 days, considering the facts and
circumstances of the case and also considering the fact that the
offence was committed in the year 2006 i.e. about more than 18
years ago and at present the appellant is aged about more than 65
years, this court is of the opinion that the ends of justice would be
served if he is sentenced to the period already undergone by him
while keeping the fine amount with default stipulation as imposed
by the Trial Court intact.
10. In the result the appeal is allowed in part. While maintaining the
conviction of the appellant under Section 20(b)-ii(b) of NDPS Act,
his jail sentence is reduced to the period already undergone by him
i.e., 07 months 03 days instead of R.I. for 02 years. However, the
fine amount of Rs. 10,000/- with default stipulation imposed by the
Trial Court shall remain intact.
11. The appellant is on bail. He need not to surrender. If the appellant
has deposited the imposed fine amount then his bail bonds shall
stand discharged.
12. Record of the trial Court along with copy of this judgment be sent
forthwith for compliance and necessary action, if any.
Sd/-
(Sanjay Kumar Jaiswal)
JUDGE
Sourabh P.
