Ravishankar Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 6942 MP

                                                                     1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                   BEFORE
                                                    HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                              ON THE 9th OF MAY, 2022

                                                     CRIMINAL APPEAL No. 112 of 2022

                                          Between:-
                                  1.      RAVISHANKAR SAHU S/O SHRI KORAI SAHU ,
                                          AGED ABOUT 42 YEARS, VILL. BACHAIYYA P.S.
                                          BAHORIBAND TEH. BAHORIBAND DIST. KATNI
                                          MP (MADHYA PRADESH)

                                  2.      RAMSINGH S/O JAHAN SINGH , AGED ABOUT 32
                                          YE A R S , VILLAGE BACHAIYA P.S. TAHSIL
                                          BAHORIBAND (MADHYA PRADESH)

                                                                                                     .....APPELLANT
                                          (BY SHRI PARESH PAREEK, ADVOCATE)

                                          AND

                                          THE STATE OF MADHYA PRADESH THR. P.S. P.S.
                                          SEHORA DIST. JABALPUR MP (MADHYA
                                          PRADESH)

                                                                                                   .....RESPONDENTS
                                          (BY SHRI NAGENDRA SINGH SOLANKI)

                                        Th is appeal coming on for hearing this day, the court passed the
                                  following:
                                                                      ORDER

Being aggrieved by judgment and order dated 29.12.2021 passed by Special Judge (NDPS Act), Jabalpur in SC NDPS/83/2013, the appellants have preferred this appeal. They, along with Harilal Sahu, have been convicted under Sections 8 read with Section 20 (b)(II)(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo R.I. for 2 years and six Signature Not Verified SAN

months R.I. with fine of Rs.10,000/- with default stipulation. Digitally signed by VIVEK KUMAR TRIPATHI Date: 2022.05.13 19:14:58 IST

2. According to the prosecution case on 30.11.2013, the Assistant Sub

Inspector, Vinod Singh of Police Chowki, Sihora received information that appellants along with Harilal are carrying Ganja with their motorcycle bearing registration No. MP 20 MN 3805. They were coming from Bachaiya towards Majhgawan. Acting on this information, following due process with all paraphernalia along with police team and independent witnesses Vinod Singh proceeded for the spot pointed out by the informer. After waiting for sometime, all three accused persons came on their motorcycle No. MP 20 MN 3805 from Sihora side. They were got stopped and on interrogation, driver of the motorcycle revealed his name as Ravishankar Sahu, the person sitting in middle revealed his name as Harilal Sahu and the man sitting behind him as Ram

Singh Thakur. They were informed about the information received by the police as well as their right to be searched before the nearest Magistrate or the Gazetted Officer. After receiving their consent to be searched by Vinod Singh, following the due process, the police searched them but nothing was found. When carry-bag carried by Harilal Sahu was searched, two k.gs Ganja was found. They could not produce valid papers to carry the contraband. Two samples of 25 grams each were taken and sent for F.S.L and Ganja and motorcycle were seized and accused persons were taken into custody. Completing all other formal investigation the Police filed charge-sheet which culminated in the conviction of the appellants as stated above.

3. Both the appellants have preferred this appeal on several grounds but during the course of argument, learned counsel for the appellants submitted that he does not want to press the appeal on merit. His limited prayer is that since

Signature Not Verified only 2 k.gs Ganja has been recovered from the possession of three persons for SAN

Digitally signed by VIVEK KUMAR which they have suffered 5 months 16 days incarceration. They are labours, TRIPATHI Date: 2022.05.13 19:14:58 IST

married persons, in their middle age, sole breadwinners, having minor children

and their family is dependent on them. There is no one to look after them and in absence of the appellants their families are facing financial hardship; it has become difficult for them to survive. Appellants are facing trial since 2013. They have always co-operated with the trial. This is their first offence, no other crime has ever been registered against them. They were granted bail during the trial but they never misused the liberty so granted and during this period also no other crime has been registered against them. Therefore, their sentence be reduced to the period already undergone.

4. On due consideration of the quantity and nature of contraband recovered from three accused persons, absence of any criminal record, their socio economic status, their family condition as expressed by their counsel and other facts and circumstances of the case, I deem it appropriate to accede to their prayer.

5. Consequently, the appeal is partly allowed, the conviction of the appellants under Section 3 read with 20 (b) (II)(b) of NDPS Act is upheld. However, their sentence is reduced to the period already undergone with the fine imposed by the trial Court.

6. With this modification the appeal is partly allowed and disposed of.

7. The appellants are in jail.They be set at liberty forth-with if not required in any other case.

(VIRENDER SINGH) JUDGE vivek Signature Not Verified SAN

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2022.05.13 19:14:58 IST