Rakku Rakesh Patel, Jabalpur Of ... vs The State Of A.P., Rep. By P.P., ...
2022 Latest Caselaw 5624 Tel

           THE HON'BLE SRI JUSTICE K.SURENDER

              CRIMINAL APPEAL No. 469 OF 2010

JUDGMENT:

This Criminal Appeal is filed by the Appellant/A2 aggrieved

by the conviction recorded by the Special Judge under the

N.D.P.S.Act-cum-I Additional Sessions Judge, Adilabad,

dt.28.01.2010, in N.D.S.C.No.27 of 2008, convicting the accused

for the offence punishable under Section 20(b) of NDPS, Act, and

sentence of rigorous imprisonment for a period of two years.

2. Heard both sides and perused the record.

3. The case of the prosecution is that Wankidi police on specific

information regarding illegal possession of ganja, went to a hotel

and found this appellant and two others carrying bags. They were

questioned and also informed about their right to be searched

before a gazetted officer or nearest magistrate. Accordingly,

procedure under NDPS Act was followed and the police seized 10

kgs. of ganja from each of the accused Nos.1 to 3. The present

appellant is Accused No.2 and the case was split up against A1

and A3 for the reason of their absconding.

4. Learned Counsel for the appellant/A2 would submit that

without going into the merits of the case, he sought indulgence of

this Court in reducing the period of imprisonment to the period

already undergone. He states reasons of there being no other

criminal antecedents of the appellant and that the appellant was

having dependents who are two children, mother and sister.

5. Keeping in view the appellant being first time offender and

nearly 15 years have passed by since the incident occurred, this

Court deems it appropriate to reduce the period of sentence of

imprisonment to the period already undergone.

6. Accordingly, the Criminal Appeal is partly allowed and the

sentence of imprisonment of the appellant/A2 is reduced to the

period already undergone.

Miscellaneous applications pending, if any, shall stand

closed.

__________________ K.SURENDER, J Dt.:03.11.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No. 469 OF 2010

Dt. 03.11.2022

tk