Santosh And Anr. vs The State Of M.P,
2023 Latest Caselaw 6810 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 26 th OF APRIL, 2023
                   CRIMINAL APPEAL No. 456 of 2005

BETWEEN:-
1.    SANTOSH AND         ANR. OCCUPATION: (MADHYA
      PRADESH)

2.    GOTU S/O LAXMI KHANGAR, AGED ABOUT 22
      Y E A R S , OCCUPATION: NA PANIHARA P.S.
      BALDEVGARH (MADHYA PRADESH)

                                                                 .....APPELLANTS
(BY SHRI AYUSH SAXENA - ADVOCATE))

AND
THE STATE OF M.P, (MADHYA PRADESH)

                                                               .....RESPONDENTS
(BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR )

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

This appeal has been filed by the appellants against the judgment dated 21.07.2005 passed by the Special Judge (N.D.P.S.) Act, District Shivpuri, in Special Trial No.08/2004, whereby appellants have been convicted under Section 8 read with Section 20-B and 2(b) of NDPS Act and sentenced to suffer 5 years RI with fine of Rs.5,000/- respectively with default stipulation.

Learned counsel for the appellants/accused submitted that he does not want to challenge the conviction of the appellants for the aforesaid offence and also does not want to press the appeal on merits. As regards sentence, it is

submitted by learned counsel for the appellants that incident took place on 07.08.2004 and appellants have been facing agony of trial for the last 19 years. Appellants have already suffered incarceration of about three months. Amount of fine has been deposited by them.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the impugned judgment.

In view of the arguments advanced by the counsel for the appellants and after perusing the record, this Court is of the view that as the incident is of the year 2004 and about 19 years have been passed and therefore, the sentence of

five years imposed by trial Court under Sections 20-B and 2(b) of NDPS Act is hereby reduced to five months by enhancing the fine amount from Rs.5000/- to Rs.25,000/- (by each of the appellant) which shall be paid by way of compensation. It is made clear that as the appellants have already suffered three months custody, therefore, they shall remain in custody for further two months.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which appellants shall undergo the original sentence awarded by the trial Court. The appellants are on bail, in case the fine amount deposited by them, their bail bonds stands discharged.

With the aforesaid, the appeal stands disposed of. Registry is directed to issue a super session warrant in compliance to the present judgment.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.04.27 11:34:46

-07'00'