Bikali Singh vs State Of Odisha
2021 Latest Caselaw 8679 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLA No .501 of 2014

            Bikali Singh                                ....           Appellant
                                                       Mr. J.K.Panda, Advocate
                                          on behalf of Mr. N.K.Lenka, Advocate
                                             -versus-
            State of Odisha                             ....          Respondent

Ms. S. Mishra, ASC

CORAM:

                     JUSTICE S. K. PANIGRAHI
Order No.                                   ORDER
                                          19.08.2021

41. 1. This matter is taken up by video conferencing mode.

2. Heard Mr. J.K. Panda, learned counsel on behalf of Mr. N.K. Lenka, learned counsel for the appellant and Ms. S. Mishra, learned Additional Standing Counsel on behalf of the State.

3. The appellant has filed the instant appeal challenging the judgment and order dated 18.06.2014 passed by learned Sessions Judge-cum-Special Judge, Nayagarh in T.R. Case No.2 of 2011 convicting the appellant under Sections 20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- in default, to undergo rigorous imprisonment for a further period of six months.

4. The present appeal is similar to CRLA No.324 of 2014 as both the appeals arise out of the judgment and order dated 18.06.2014 passed by learned Sessions Judge- cum-Special Judge, Nayagarh in T.R. Case No.2 of 2011 wherein the present appellant is co-accused. The CRLA // 2 //

No.324 of 2014 has been disposed of today. Therefore, in view of the judgment and order passed today in CRLA No. 324 of 2014 (Jagabandhu Sahoo @ Bulu v. State of Odisha), the present appeal is disposed of in following terms:

On giving a careful thought to the submission of learned counsel for the appellant, this Court finds that there is nothing on file to show that the appellant is a previous convict. Keeping in view the fact that the appellant has served eight years and six months of his ten years sentence and the lack of previous antecedents, this Court is of the opinion that interest of justice shall be fully served if the substantive sentence awarded to the appellant is reduced from rigorous imprisonment of ten years with a fine of Rs.1,00,000/- to rigorous imprisonment to the period of sentence already undergone.

Accordingly the present appeal is partly allowed. Maintaining the conviction of the appellant for the offence punishable under Section 20(ii)(C) of the NDPS Act, his substantive sentence is reduced from rigorous imprisonment of ten years with a fine of Rs.1,00,000/- to rigorous imprisonment to the period of sentence already undergone. Ordered accordingly.

5. Urgent certified copy of the order be granted on proper application.

(S. K. Panigrahi) Judge

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