Sheetal Kumar Dubey vs The State Of M.P.
2023 Latest Caselaw 2814 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. 364 of 2005

               BETWEEN:-
               SHEETAL KUMAR DUBEY S/O SHRI RADHEYSHYAM
               DUBEY, AGED ABOUT 25 YEARS, OCCUPATION:
               STUDENT R/O KRISHNAPURAM COLONY, PARGANA &
               DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                  .....APPELLANT
               (BY SHRI DEEPENDRA RAGHUWANSHI- ADVOCATE )

               AND
               THE STATE OF M.P. THROUGH P.S. KOTWALI, 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 (2) of

Cr.P.C. being aggrieved by the judgment dated 15.6.2005 passed by the Special Jud ge, Shivpuri, in Special S.T.No.2/2005 whereby appellant has been convicted under Section 8 read with Section 18 (c) 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 2.2.2005 at 4 pm police Shivpuri near Kamlaganj School seized 935 gms of opium from the possession Signature Not Verified Signed by: MADHU SOODAN PRASAD of applicant, for which he could not justify the possession. Offence was Signing time: 16-02-2023 10:05:52 AM registered. Appellant was arrested. After investigation, 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 five months and 22 days. He has been facing rigors of judicial proceedings since 2.2.2005. 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 18 (c) of the NDPS Act. Accordingly, while affirming the conviction of the appellant under Section 8 read with Section 18 (c) 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