Satyanarayan @ Sattu vs The State Of Madhya Pradesh
2023 Latest Caselaw 6546 MP

                                                      1
                           IN   THE     HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                   BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                      &
                                       HON'BLE SHRI JUSTICE ANIL VERMA
                                            ON THE 24 th OF APRIL, 2023
                                        CRIMINAL APPEAL No. 1102 of 2016

                          BETWEEN:-
                          FAKIRCHAND @ NANALAL S/O NANDRAM, AGED
                          ABOUT 24 YEARS, OCCUPATION: AGRICULTURIST,
                          VILLAGE KALALIYA, P.S.RINGNOD, DISTRICT RATLAM
                          (MADHYA PRADESH)

                                                                            .....APPELLANT
                          (BY SHRI NILESH DAVE - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER    THRU.P.S.NARCOTICS CELL, INDORE,
                          DISTRICT INDORE (MADHYA PRADESH)

                                                                           .....RESPONDENT
                          (BY SHRI AMIT RAWAL- GOVERNMENT ADVOCATE)

                                        CRIMINAL APPEAL No. 1104 of 2016

                          BETWEEN:-
                          SATYANARAYAN @ SATTU S/O RAMLAL, AGED ABOUT
                          23   YEARS, OCCUPATION: AGRICULTURIST, R/O
                          VILLAGE HANUMANTIYA, P.S.RINGNOD, DISTRICT
                          RATLAM (MADHYA PRADESH)

                                                                            .....APPELLANT
                          (BY SHRI NILESH DAVE - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER    THRU.P.S.NARCOTICS CELL, INDORE,
                          DISTRICT INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 4/25/2023
10:42:18 AM
                                                             2
                                                                                       .....RESPONDENT
                          (BY SHRI AMIT RAWAL - GOVERNMENT ADVOCATE)

                                These appeals coming on for hearing on suspension of sentence this
                          day, JUSTICE VIVEK RUSIA passed the following:
                                                           JUDGMENT

The appellants have preferred this appeal against the impugned judgment dated 14/07/2016 passed by Special Judge, NDPS Act, Neemuch (M.P.) in Special Case No.17/2013, whereby both the appellants have been convicted under Section 8/18(B) of Narcotics Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo 14 years RI with fine of Rs.1,50,000/- each with usual default stipulation.

As per prosecution story, on 12/02/2013 complainant Avnish Shrivastava posted at Police Station Narcotics Cell, Indore as Inspector received a discrete information that Fakirchand and his cousin brother Satyanarayan are travelling towards Nimbahera from Daloda via Pipliyamandi and Malhargarh by their Hero Honda Splendor Motorcycle. They are carrying opium and if they are checked at Jaitpura Square by putting barricades, they can be arrested. Complainant call t h e P a n ch witnesses Manish and Hakeem. A Panchnama was drawn, thereafter, a search warrant was prepared. In compliance of Section 42 of NDPS Act, a report was prepared and sent to the DSP, Narcotic Cell, Indore through Constable Agnivesh. Thereafter, at about 12:10 PM the Team reached at the place disclosed by informant and they found that a motorcycle was coming from Malhargarh. They apprehended the motorcycle and two persons were intercepted. They disclosed their name as Fakirchand @ Nanalal and Satyanarayan @ Sattu. They were searched in compliance of Section 50 of the NDPS Act and 25 Kilogram opium was found in their joint possession. Since Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM

they have failed to produce any licence or permission to carry opium, therefore, FIR was registered under Section 8/18(B) and in alternate Section 8/29 and 18(B) of the NDPS Act and they were arrested.

After completing the remaining investigation, they were sent to jail and charge sheet was filed before the trial Court. They were tried under Section 8/18(B) of the NDPS Act and finally vide judgment dated 14/07/2016 they were convicted and sentenced as aforesaid.

Learned counsel for the appellant at the very outset submits that he is not assailing the findings recorded by the learned Special Court in respect of complicity, recovery and quantity of opium. He submits that the appellants are young persons and in the greed of some money, they agreed to transport the opium. They have suffered actual jail sentence of 10 years and 02 months out of the total 14 years jail sentence awarded to them. They have no criminal past. Therefore, looking to the over all facts in cumulative, the jail sentence awarded to the appellants may kindly be reduced to the period already undergone by them. They are ready to deposit the fine amount.

Learned Government Advocate for the respondent / State opposes the said prayer by submitting that looking to the quantity of contraband found from possession of the present appellants, sentence of 14 years has rightly been awarded and same is not liable to be reduced. In this regard, learned

Government Advocate has placed reliance upon a judgment by the Apex Court in the case of Gurdev Singh v/s The State of Punjab reported in (2021) 6 SCC 558.

In the case of Gurdev Singh (supra), from the possession of Gurdev Singh 1 kg Heroin was recovered for which the minimum commercial quantity is 250 gms., therefore, the learned Special Judge awarded the sentence of 15 years Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM

R.I. instead of 20 years maximum R.I. Gurdev Singh was also found indulging in selling Heroin. The only ground raised by Gurdev Singh for the reduction of sentence was that he is a poor person and is a first offender, therefore, the Apex Court has observed that such factors alone cannot be considered for reduction of sentence. In the present case, 25 Kilogram Opium was recovered from the possession of the present appellants, however, commercial quantity of the said contraband is 2.50 Kilogram. In the present case also, the appellants are having no criminal antecedents as they are the first offender. They have good conduct in the jail as no adverse report has come to our knowledge in this regard.

In view of the foregoing discussion, we deem it proper to reduce the jail sentence awarded to the present appellants.

Accordingly, the present criminal appeals are allowed in part. The conviction of the appellants Fakirchand @ Nanalal and Satyanarayan @ Sattu under Section 8/18(B) of the NDPS Act is hereby maintained but their jail sentence is reduced from 14 years RI to the period already undergone by them i.e. to 10 years and 02 months RI. The fine amount as awarded by the learned Special Judge is hereby maintained. On payment of fine amount, they be released from jail forthwith. In default of payment of the fine amount, the appellant have to further undergo jail sentence as awarded by the learned trial Court.

With the aforesaid, criminal appeals stand disposed off to the extent indicated herein above.

Record of the trial Court be sent back along with a copy of this judgment for information and necessary compliance.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM

Certified copy as per rules.

                                (VIVEK RUSIA)                         (ANIL VERMA)
                                    JUDGE                                JUDGE
                          Tej




Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 4/25/2023
10:42:18 AM