Madhya Pradesh High Court
Akil vs The State Of Madhya Pradesh on 17 August, 2023
Author: Vivek Rusia
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CRA No. 10145/2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 17th OF AUGUST, 2023
CRIMINAL APPEAL No. 10145 of 2023
BETWEEN:-
AKIL S/O ISMAIL SHAH, AGED ABOUT 34 YEARS, OCCUPATION:
1. LABOR R/O VILLAGE KACHOLI P.S.JEERAN DISTT. NEEMUCH
(MADHYA PRADESH)
CHAMPALAL S/O KISHORLAL SAHU, AGED ABOUT 23 YEARS,
2. OCCUPATION: DRIVER VILLAGE GOMANA P.S. CHHOTISADADI
DIST. PRATAPGARH RAJASTHAN (RAJASTHAN)
.....APPELLANT
(SHRI NILESH DAVE, LEARNED COUNSEL FOR THE APPELLANTS.)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH POLICE STATION NARCOTICS CELL INDORE
PRAKOSHTHA MANDSAUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI AMIT RAWAL, LEARNED GOVT. ADVOCATE FOR THE
RESPONDENT/STATE.)
This appeal coming on for hearing this day, the court passed the
following:
ORDER
1. The appellants have filed the present appeal against the judgment
dated 2.8.2023 passed by Special Judge, NDPS Act, Neemuch in Spl.
S.T. No. 06/2019 whereby they as well as one Akbar have been
convicted u/s. 8/15(B) of the NDPS Act and each of them sentenced to
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CRA No. 10145/2023
undergo 6-6 months RI and to pay fine of Rs.15,000 - 15,000/- with
default stipulation.
Vide order dated 11.8.2023 this Court directed to requisition the
record of court below but the same has not been received till date.
2. Learned counsel for the appellants submits that appellant - Akil
has already undergone 4 months 11 days and appellant Champalal has
undergone 3 months 19 days. The co-accused Akbar has not filed any
appeal as he has undergone the entire jail sentence. He submits that the
learned trial court has observed that the appellants are the first
offenders and they have no criminal record. They are facing the agony
of trial since 2018. The quantity of the contraband seized from the
possession of the appellants and co-accused Akbar is a non-commercial
quantity. By the time the record of trial Court is received, the appellants
would complete the entire jail sentence. Hence, the appellants are not
assailing the findings of the trial court on merit but they are praying for
reduction of the jail sentence from 6-6 months RI to the period already
undergone. The appellants were on bail during the trial and they have
not misused the liberty. He, therefore, prays that this appeal be partly
allowed and the jail sentence of the appellants be reduced from 6-6
months to the period already undergone.
3. On the other hand, learned Govt. opposes the prayer and prays
for dismissal of this appeal.
4. The fact remains that 25 Kg. of poppy-straw was found in the
possession of the present appellants and one Akbar when they were
travelling in a car bearing Registration No.RJ-27-UB-2366. Since the
appellants are not assailing the findings recorded by the learned trial
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CRA No. 10145/2023
Court on merit, therefore, the findings of the trial Court are hereby
affirmed. As the appellants are the first offender and they have not
committed any offence during the period when they were on bail, they
are facing the agony of trial since 2018, and no minimum sentence is
provided in Section 8/15 of the NDPS Act, therefore, in the opinion of
this Court, the jail sentence awarded to the appellants deserves to be
reduced.
5. Accordingly, this appeal is partly allowed, the jail sentence of the
appellants is reduced from 6-6 months RI to the total period of
incarceration already undergone with enhancement of the fine amount
from Rs.15,000/- to Rs.20,000-20,000/- and two months' additional RI
in case of default of deposit of the fine amount. Subject to deposit of
the fine amount the appellants be released from the custody forthwith,
if not required in any other caused. Let copy of this order be sent to the
concerned trial Court and Jail Superintendent for necessary
compliance.
( VIVEK RUSIA )
JUDGE
Alok/-
Digitally signed by ALOK GARGAV
Date: 2023.08.19 13:28:51 +05'30'
