Madhya Pradesh High Court
Sursingh vs The State Of Madhya Pradesh on 6 April, 2021
Author: Vivek Rusia
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CRA No.1356/2018
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr JUSTICE VIVEK RUSIA)
Criminal Appeal No.1356/2018
Sursingh S/o. Prersingh Dawar. - Appellant.
Versus
The State of M.P. - Respondent
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Shri Himanshu Thakur, Advocate for appellant.
Shri Prakhar Mohan Karpe , learned Panel Advocate for respondent/State.
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JUDGMENT
(Delivered on 6th April, 2021)
This Criminal Appeal is filed against the judgement dated
31.01.2018 passed by learned Special Judge (NDPS Act) in ST
No. 04/2012 by which the appellant has been convicted under
section 8(b) r/w 20(B) (ii)(B) of the N.D.P.S. Act and sentenced
to 5 years RI with a fine of Rs. 5000/- and in default of fine
amount 1 years additional RI.
The appellant has filed a (fourth) application under section
389 of the Code of Criminal Procedure, 1973 for suspension of
sentence ( IA No. 519/2021).
After an argument at length on the merit of the case,
learned Counsel for the appellant submits that if this court is not
inclined to suspend the jail sentence then this Criminal Appeal
may kindly be disposed of by reducing the sentence from 5 years
to the period already undergone or 4 years.
As per prosecution story 17.2.2012 Surendra Pandey ASI at
police station Varla received at screen information that Sur Singh
a resident of village Kirmala is going to bring ganja from Tuti
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CRA No.1356/2018
Puliiya Village Umariyapani from his motorcycle and if he is
apprehended ganja can be recovered. Therefore said information
was recorded in panchnama Exhibit P-17 and constable Ratan
Singh was sent to collect an electronic weighing machine and
punch witness . In order to conduct a raid urgently, it was not
possible to obtain a warrant therefore Exhibit. P-18 was prepared
and information was sent to higher officers.
A team headed by Surendra Nath Pandey reached the Tuti
Puliiya Village Umariyapani at 11:15 through government
vehicle MP 03/5670. After some time one person was seen
coming on his motorcycle, he was tried to stop by giving signal
but did not stop, hence with the help of force he was
apprehended, upon asking he disclose his name as Sur Singh son
of piercing after completing the mandatory provision of section
50 he was searched by the ASI Surendra Pandey but nothing
objectionable was recovered, thereafter that bag tied up in rea
seat of his bike was opened in which Ganja was found with the
incisive smell. It was weighted with the help of the electronic
device and it was found to be 8 kg. Since the appellant has failed
to produce any license or permit to transport the ganja, therefore,
he was arrested while Exhibit. P-40 and after returning to the
police station FIR at crime number 11/2012 what registered for
the offence under Section 8 / 20 NDPS Act was registered
against him vide exhibit P-2.
That after completing the necessary investigation final
charge sheet was filed against the appellant and after hearing the
appellant charges under Section 8(b) r/w 20(B) (ii)(B) of the
N.D.P.S. Act was framed.
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CRA No.1356/2018
To prove the above charges the prosecution has examined
as many as 12 witnesses and got exhibited 42 documents and in
defence, the appellant examined himself got exhibited voter ID
and Aadhar card an Exhibit D-1 & D -2.
After appreciating the evidence came on record learned
Special Judge has convicted the appellant for the offences under
section 8(b) r/w 20(B) (ii)(B) of the N.D.P.S. Act and sentenced
to 5 years RI with a fine of Rs. 5000/- and in default of fine
amount 1 years additional R.I., hence the present criminal appeal
before this court.
Since the appellant is not challenging conviction therefore
there is no need to appreciate the evidence in this appeal hence
the findings of conviction recorded by learned Special Judge and
conviction under aforesaid charges are hereby confirmed.
Now the sole issue which requires consideration is,
whether the learned Special Judge has correctly awarded a
sentence of 5 years RI to the appellant and the same is liable to
be reduced from 5 years? The appellant remained in jail from 07-
2-2012 to 25-5-2012 and thereafter from 31 January 2018 till
today accordingly is jail sentence without remission would be 3
years and 5 months. According to the learned, the appellant is
the first offender and at the time of commission offence, he was
only 23 years of age. He is facing the agony of the trial and
appeal since the year 2012, he has a family supported he was the
only earning member in the family, he was not only the owner of
the motorcycle. By taking a reformative approach toward the
first offender the jail sentence may kindly be reduced from the 5
years to the period already undergone.
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CRA No.1356/2018
Learned Penal Advocate appearing for the State opposes by
submitting that the appellant has been convicted under NDPS
Act which is more serious offence than murder, therefore, no
reduction of sentence is permissible, hence appeal be dismissed.
The appellant was found transporting 8 Kg ganja from his
motorcycle but the same is not registered in this name. 8 Kg
ganja is less than commercial quantity and there is no minimum
sentence is provided u/s 20 of the NDPS Act. He is the first
offender and facing the agony of the trial from the year 2012.
His total period of incarnation is three and a half years. There is
no report about his hostile conduct and indiscipline behaviour in
the jail. The Apex Court in numerous cases has held that the
reformative approach should be adopted towards first offenders
to give him a chance to improve himself and mixup in the
society, hence in my considered opinion which is based on the
overall circumstances of this case, period of the sentence is
hereby reduced from 5 years to 4 years with the enhancement of
the fine from Rs. 5000/- to Rs. 10,000/- (Ten Thousand).
With the aforesaid, this appeal is partly allowed to the
extent indicated above.
( VIVEK RUSIA )
JUDGE.
Alok
Digitally signed by ALOK GARGAV
Date: 2021.04.07 15:13:16 +05'30'
