Badam Singh vs The State Of M.P.
2023 Latest Caselaw 2813 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                        ON THE 15 th OF FEBRUARY, 2023
                                       CRIMINAL APPEAL No. 328 of 2005

               BETWEEN:-
               BADAM SINGH S/O HARI SINGH KHANGAR, AGED
               ABOUT 27 YEARS, OCCUPATION: LABOURAR R/O VILL
               .KHERWAS P.S PICHORE DISTT. SHIVPURI (MADHYA
               PRADESH)

                                                                                     .....APPELLANT
               (BY SHRI SANJEEV AGRAWAL- ADVOCATE )

               AND
               THE STATE OF M.P. THROUGH P.S. PICHORE DISTT.
               SHIVPURI (MADHYA PRADESH)

                                                                                   .....RESPONDENT
               (BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR FOR THE STATE )

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

This appeal has been filed by the appellant under Section 374 of Cr.P.C.

being aggrieved by the judgment dated 5.5.2005 passed by the Special Judge, Shivpuri, in Special S.T.No.6/2004 whereby appellant has been convicted under Section 8 read with Section 20(a)(1) of the NDPS Act and sentenced to undergo five years RI with fine of Rs.5,000/-.

In brief case of the prosecution case is that on 6.6.2004 from the field of appellant 31 plants of cannabis were seized, for which he could not justify the Signature Not Verified Signed by: MADHU SOODAN PRASAD possession. Offence was registered. Appellant was arrested. After investigation, Signing time: 16-02-2023 10:05:52 AM charge-sheet was filed and after trial appellant has been convicted as aforesaid.

Learned counsel for the appellant/accused submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that appellant has already suffered incarceration of about nine months. He has been facing rigors of judicial proceedings since 6.6.2004. Therefore, while enhancing the fine amount suitably, sentence of the appellant be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice

would meet if while reducing the jail sentence of the appellant to the period already undergone by him, the fine is enhanced to Rs.15,000/- under Section 8 read with Section 20(a)(1) of the NDPS Act. Accordingly, while affirming the conviction of the appellant under Section 8 read with Section 20(a)(1) of the NDPS Act, jail sentence o f the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.15,000/- which shall be deposited by him within a period of one month from today, failing which the appellant will have to suffer the sentence as awarded by the trial Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 16-02-2023 10:05:52 AM