Mukesh Kumar Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 7941 MP

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 12 th OF MAY, 2023
                                            CRIMINAL APPEAL No. 7063 of 2022

                          BETWEEN:-
                          MUKESH KUMAR JATAV S/O SHRI MANIRAM, AGED
                          ABOUT 32 YEARS, RAJA KA BAAGH INDARGARH DISTT.
                          DATIA (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI ASHFAQ KHAN- ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION INDARGARH
                          JILA DATIA (MADHYA PRADESH)

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

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

With consent of both the parties heard finally.

Instant Criminal Appeal under Section 374 of CrPC has been preferred b y appellant against the judgment of conviction and order of sentence dated 07.07.2022 passed by learned Special Judge (NDPS Act) Datia whereby the learned trial Court convicted the appellant-accused for offence under Section 20

(b)(ii)(b) of NDPS Act and sentenced him to undergo 10 years' rigorous imprisonment with fine of Rs.50,000/- and in default of payment of fine, one year additional rigorous imprisonment.

Signature Not Verified Case of the prosecution is that on 26.07.2016 at 7:30 pm, Police Signed by: YOGENDRA OJHA Signing time: 5/12/2023 4:27:48 PM

Indergarh seized 2 kg and 800 gm cannabis from the possession of present appellant for which he could not justify the possession. Offence was registered. After investigation, charge-sheet in the matter was submitted.

Learned counsel for the appellant 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 is facing agony of trial for the last 6 years. At the time of conviction, petitioner was 26 years of age. He has already suffered about nine months of custody. Fine amount has already been deposited by him. Therefore, sentence of the appellant be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Looking to the facts and circumstances of the case and the fact that appellant has already suffered about 9 months of imprisonment and he is facing agony of trial for the last 6 years, ends of justice would meet if while affirming the conviction of the appellant under Section 20 (b)(ii)(b) of NDPS Act, his sentence is reduced to the period already undergone by him.

Accordingly, present appeal is partly allowed. While affirming the conviction of the appellant under Section 20 (b)(ii)(b) of NDPS Act, the sentenced awarded to the appellant is reduced to the period already undergone by him. The appellant is on bail, his bail bonds and surety bonds stand discharged.

A copy of this judgment alongwith record of the trial Court be sent back forthwith.

With the aforesaid modification in the sentence, the criminal appeal stands disposed of.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/12/2023 4:27:48 PM

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/12/2023 4:27:48 PM