Chhoturamdas vs The State Of Madhya Pradesh
2023 Latest Caselaw 5433 MP

                                                                               1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                      BEFORE
                                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                    ON THE 1 st OF APRIL, 2023
                                                              CRIMINAL APPEAL No. 1787 of 2015

                                            BETWEEN:-
                                            CHHOTURAMDAS S/O KANJIDAS BAIRAGI, AGED
                                            ABOUT 38 YEARS, OCCUPATION: LABOUR KIDIYA, P.S.
                                            ANANDPUR KALU, DISTT. PALI (RAJASTHAN)

                                                                                                              .....APPELLANT
                                            (BY SHRI ABHAY SARASWAT, LEARNED COUNSEL)

                                            AND
                                            THE STATE OF MADHYA PRADESH STATION HOUSE
                                            OFFICER THRU. P.S. RATANGARH, DISTT. NEEMUCH
                                            (MADHYA PRADESH)

                                                                                                             .....RESPONDENT
                                            (BY SHRI VINOD THAKUR, LEARNED GOVT. ADVOCATE)

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

The present appeal is filed under Section 374 of Code of Criminal

Procedure being aggrieved by the judgment dated 08.12.2015 passed by Additional Special Judge, NDPS Act, Neemuch, District-Neemuch in Special S.T. No. 17/2008 whereby the appellant has been convicted under Section 8/15(C) of NDPS Act and sentenced to RI for 10 years with fine of Rs. 1 lac and in default of payment of fine, additional RI for one year.

Signature Not VerifiedDigitally signed by According to the prosecution story, on 08.05.2008 police received a SAN SOUMYA RANJAN DALAI Date: 2023.04.01 17:24:04 IST secret information that 3 persons coming in a pick up vehicle bearing registration No. RJ-21-G-3402 with illegal poppy straw towards Nagda

Goldungari to Vijaypur. After seeing police party, accused persons tried to run away from the spot, but two persons were caught. Police made a search of the vehicle and found 15 bags having 380 Kg. 500 grams poppy straw in the vehicle. The offence under Section 8/15(C) of NDPS Act was registered. The appellant has been convicted and sentenced as mentioned herein-above.

Counsel for the appellant submits that the appellant has already undergone jail sentence of 9 years 8 months out of 10 years R.I. It is submitted that the appeal may be disposed off with a direction to release the appellant after undergoing actual sentence of 10 years RI as awarded by the trial court, but the award of jail sentence in default of fine amount may be reduced. In

support of his submission, he has placed reliance on an order passed by Division Bench at Indore in Criminal Appeal No. 414/2010 (Karnailsingh vs. State of MP).

Counsel for the State supports the order of conviction and sentence. After hearing learned counsel for the parties, the conviction and sentence of the appellant is maintained. However, in default of payment of fine of Rs.1 lac, additional RI for one year is reduced to RI for 3 months, considering the financial status of the appellant that the appellant is a labourer and his financial condition is very poor, thus, the appeal is disposed off. The appellant shall be released after undergoing actual jail sentence of 10 years RI as awarded by the trial Court subject to deposit of fine of Rs. 1 Lac and if the fine amount is not deposited, he will undergo another RI for three months in addition.

With the aforesaid, the appeal is finally disposed off. Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.04.01 17:24:04 IST

(VIJAY KUMAR SHUKLA)

JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.04.01 17:24:04 IST