Madhya Pradesh High Court
Ram Kishore @ Mama vs The State Of Madhya Pradesh on 15 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 15 th OF FEBRUARY, 2024
CRIMINAL APPEAL No. 1077 of 2009
BETWEEN:-
RAM KISHORE @ MAMA S/O LATE BUDHHULAL
RAJAK, AGED ABOUT 45 YEARS, PARARHA P.S.
KHAMARIA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI PREM NARAYAN VERMA - ADVOCATE AS AMICUS CURIAE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
KHAMARIA (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SEEM SAHU - PANEL LAWYER )
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
By the present appeal filed under Section 374(2) of the Code of Criminal
Procedure, the appellant has challenged the judgment of conviction and order of
sentence passed by Special Sessions Judge, (NDPS) Jabalpur in Special
Criminal Case No.35/2007 whereby the appellant has been convicted under
Section 8/20 (B) sub clause B of NDPS Act and sentenced to undergo R.I. for
1 year and fine of Rs.200/- for offence with default stipulation.
2. As none appeared on behalf of the appellant, Shri Prem Narayan Verma,
Advocate who is present in the court, has been requested to assist the Court on
behalf of the appellants as amicus curiae.
3. The learned counsel for the appellant has submitted that the prosecution
failed to prove the case beyond reasonable doubt. During the trial, the
appellants remained in custody, 2 months 2 days. He prayed for acquittal of
the appellant.
4. Per contra, the learned counsel appearing for the respondent/State
supported the judgment and submitted that the prosecution has duly proved the
incident and the learned sessions Court has rightly convicted the appellant under
Section 8/20 (B) sub Clause (B) of NDPS Act.
5. After considering the arguments of both the parties and after perusal of
record, it appears that FIR was lodged at P.S. Khamariay District Jabalpur on
26.08.2007 against the appellant which was registered as Crime No.166/2007
under Section 8/20 (B) sub Clause B of NDPS Act. After investigation, the
charge-sheet was filed.
6. Learned Trial Judge after considering the statements of the witnesses by
judgment dated 06.05.2009 convicted the appellant under Section 8/20 (B) (b)
of NDPS Act and sentenced as stated herein above, however, the findings
recorded by the learned Trial Judge are based on due appreciation of evidence
and do not require any interference. The judgment of conviction under Section
8/20 (B) sub Clause B of NDPS Act is upheld.
7. However, looking to the facts that the prosecution has not brought any
past criminal antecedents of the appellant on record and there is no minimum
sentence has been prescribed under Section 8/20 (B) sub Clause (b) of NDPS
Act, which is less than commercial quantity (1300 gms. of ganja). Appellant
was 45 years of age and the incident is of the year 2007 and since then he is
facing mental agony. I therefore, I deem it proper to reduce the jail sentence of
the appellant to the extent of the period which he has already undergone.
8. Accordingly, the jail sentence is reduced to the period already undergone
by him ( 2 months 4 days) and sentence of fine is affirmed. The order of trial
Court regarding disposal of property, if any, is maintained.
9. The appellant is on bail, his personal bonds and bail bonds be discharged.
Accordingly, the appeal is partly allowed.
10. Record of the trial Court be sent back along with copy of the judgment.
(RAJENDRA KUMAR VANI)
JUDGE
Akm
