Ramkaran vs The State Of Madhya Pradesh
2021 Latest Caselaw 3023 MP

-1-                                      CRA No.923/2017
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
                        CRA No-923/2017
                   Ramkaran Vs. State of M.P.)
Indore, Dated :6.7.2021
      Heard through Video Conferencing.
      Shri Vishal Patidar learned counsel for the appellant.
      Ms. Nisha Jaiswal, learned counsel for the Respondent State.
      Heard on I.A.No.9133/2021 an application for urgent hearing
of the application.
2.    Considered. Allowed.
3.    Also heard on IA No.9370/2021 which is first application
under section 389 Cr.P.C for suspension of sentence on behalf of the
appellant.
4.    This criminal appeal under section 374 Cr.P.C., is directed
against the judgment of conviction and order of sentence dated
7.4.2017 in Special Sessions Trial No.16/2011 by the Additional
Special Judge under the Narcotic Drugs and Psychotropic Substances
Act, 1985 (for short, the Act, 1985').
5.    The trial Court has convicted the accused for the offence under
sections 8(c)/15(c) of the Act, 1985 and sentenced him to suffer 10
years rigorous imprisonment with fine of Rs.1,00,000/- with default
stipulation to undergo two years rigorous imprisonment.
6.    Instead of arguing on application for suspension of jail
sentence, the learned counsel for the appellant submits that the appeal
itself can be finally disposed of because the appellant has already
undergone 10 years of jail sentence and fine amount of Rs.1,00,000/-
is liable to be released in view of the law laid down by the Apex
Court in the case of Shantilal Vs. State of M.P. (2008) 1 SCC (Cri).
 -2-                                    CRA No.923/2017
7.    The learned counsel for the respondent State has no objection
for final disposal of this appeal.
8.    Facts

of the case is that on 31.5.2011, S.H.Jadon, Sub Inspector posted at police station Suwasara received a discrete information from the informant that truck bearing registration No.MP09K.B.6888 driven by Ramkaran Patidar is coming from Shamgadh Dalpath loaded with large quantity of dodachura and if the truck is apprehended, then the police may get success to recover the contraband. Sub Inspector recorded the information in the daily diary and called the panch witnesses and reached to the spot immediately. After putting barricade, the truck was found coming and it was apprehended. The driver disclosed his name as Ramkaran. After giving notice under Section 50 he was searched and thereafter the truck was searched in which 13 plastics bags and 156 jute bags were found loaded in the truck. The truck was unloaded and bags were opened and the police recovered 34 quintal 59 Kg 500 grams poppy straw. He was arrested and his statement under section 27 of the Evidence Act was recorded in which he disclosed the name of Raju @ Rajesh Patidar and Harivallabh @ Vijay, who have loaded the said contraband and he was coming from Dang, Rajasthan to transport the material to the place disclosed by them.

9. After completing the investigation, the police has filed the charge sheet against all the three accused persons. Prosecution has examined as many as 18 witnesses to establish the charges. The appellant did not examine any witnesses in defence.

10. After conducting the complete trial vide judgment dated 7.4.2017. the learned Special Judge has acquitted Harivallabh @ Vijay and Ramgopal and convicted the appellant under Section 8(C)

-3- CRA No.923/2017 15 (C ) of the NDPS Act and sentenced for 10 years R.I with fine of Rs.1,00,000/- and in lieu of nonpayment of the fine for 2 years Additional R.I.

11. The learned counsel for the appellant submitted that he is not assailing the order on merit because the appellant has already undergone 10 years of R.I. So far the fine amount is concern, the appellant was driver of the truck he was neither the owner nor the owner of the contraband. In greed of some extra amount, he had agreed to transport the contraband along with other material loaded in the truck. He is not financially capable to deposit the fine amount of Rs.1,00,000/- and he will have to undergo two years additional jail sentence. He is in jail since date of arrest and his entire family has suffered a lot because he was in jail. The main owner of the truck and owner of the contraband could not be apprehended by the police, therefore, the fine amount be reduced from Rs.1,00,000/- to Rs.1,000/- as has been done in case of Shantilal (supra). The coordinate Benches of this Court in case of Rajesh @ Ladda Vs. State of M.P. in Criminal Appeal No.1473/2016 decided on 1.2.2020 and Criminal Appeal No.204/2013 Vinod Vs. State of M.P. decided on 1.4.2021.

12. The learned counsel for the respondent State has opposed the prayer.

13. I have heard the learned counsel for the parties and perused the record of the trial court

14. Admittedly, the appellant was found driving the truck No.MP09K.B.6888 loaded with the contraband. The contraband was kept in the a bag along with other bags. The appellant is first offender and he is in jail since the date of arrest. He is not financially capable

-4- CRA No.923/2017 to deposit the fine amount of Rs.1,00,000/- and the minimum jail sentence of 10 years is concern, he has already undergone and there is no minimum fine amount provided under the Act.

15. Therefore, in view of the law laid down in Shantilal(supra) fine of Rs.1,00,000/- is reduced to Rs.1,000/- and if nonpayment of the fine amount of Rs.1,000/- he will undergo minimum two months of Additional R.I.

16. Consequently, this appeal is allowed to that extent as indicated hereinabove.

17. The appellant be released forthwith if he is not required in any other criminal case.

18. The Registry is directed to send the copy of this judgment immediately to the Trial Court for necessary compliance.

(VIVEK RUSIA) JUDGE

das Digitally signed by REENA PARTHO SARKAR Date: 2021.07.07 10:25:33 +05'30'