Kuwarsingh vs The State Of Madhya Pradesh
2024 Latest Caselaw 5830 MP

Madhya Pradesh High Court

Kuwarsingh vs The State Of Madhya Pradesh on 26 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                              HON'BLE SHRI JUSTICE HIRDESH
                                                 ON THE 26 th OF FEBRUARY, 2024
                                             CRIMINAL APPEAL No. 1209 of 2011

                           BETWEEN:-
                           KUWARSINGH S/O SUKHLAL, AGED ABOUT 36 YEARS,
                           OCCUPATION:      LABOUR       GRAM.PIPRIPALA
                           P.S.BHAGWANPURA            TEH.BHAGWANPURA
                           DISTT.KHARGONE (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (NONE FOR THE APPELLANT)

                           AND
                           THE STATE OF MADHYA PRADESH GOVT. THRU.ARCHI
                           KENDRA    KSHRIPURA   TEH.AND   DISTT.INDORE
                           (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI MAYANK MISHRA, LEARNED PANEL LAWYER APPEARING ON
                           BEHALF OF ADVOCATE GENERAL FOR THE RESPONDENT)

                                 This appeal coming on for order this day, th e court passed the
                           following:
                                                          JUDGMENT

Appellant has filed this appeal under Section 374 of the Code of Criminal Procedure against the judgment dated 28.09.2011 passed by Special Judge, NDPS Act, Indore in Special Criminal Case No.39/09, whereby trial Court has convicted the appellant under Section 8/20(b)(ii) (B) of NDPS Act and sentenced him to undergo 1 and 1/2 year R.I. with fine of Rs.2000/-, with default clause.

2. Heard learned counsel for the respondent/State and perused the record of the case.

3 . So far as conviction is concerned, I have gone through the evidence adduced by the prosecution and examined it minutely. From perusal of overall evidence on record, it is clearly established that learned trial Court did not commit any error in convicting the appellant under Section Section 8/20(b)(ii)(B) of NDPS Act. Hence, findings recorded by the trial Court with respect to conviction are affirmed.

4. So far as sentence is concerned, record of the case reveals that incident took place on 05.10.2009, at that time the accused was 35 years old and now he is more than 49 years old. This is first offence of the accused/appellant. He remained in jail from 05.10.2009 to 09.03.2010 and

10.10.2010 to 12.01.2011, hence, the end of the justice would be best served, if his sentence is reduced to the period already undergone with the fine imposed by the court below.

5. In view of the aforesaid, present appeal is partly allowed and conviction of the appellant by the trial court is upheld. So far as sentence awarded by the trial court is concerned, same is modified to the period already undergone by the appellant in jail. Since, appellant is on bail, his bail bonds be discharged.

6. Let a copy of this judgment be sent to the concerned court for compliance. The present appeal is partly allowed.

Let the record of the trial court be sent back.

(HIRDESH) JUDGE N.R.