Sri Nawaz Khan Phatan, vs The Sub Inspector Of Police,
2022 Latest Caselaw 4760 Tel

               HON'BLE SRI JUSTICE K.SURENDER

               CRIMINAL APPEAL No.922 OF 2007
JUDGMENT:

1. This Criminal Appeal is filed by the Appellant/Accused

aggrieved by the conviction recorded by the I Additional Sessions

Judge, Adilabad, in N.D.S.C.No.4 of 2005, dated 13.07.2007,

convicting the accused for the offences punishable under Section

20(b)(i) of the NDPS Act, 1985 and sentence of Rigorous

Imprisonment for a period of one year and a fine of Rs.1,000/-.

2. The case of the prosecution is that the appellant/accused

was arrested by the Indervally Police while he was in possession of

10 Kgs. of wet ganja. The said ganja was seized from his

possession while he was travelling on his vehicle which is a two

wheeler. Accordingly crime was registered and accused/appellant

was sent to judicial remand. After completion of investigation,

police filed charge sheet for the offences punishable under Section

20(b)(i) of the NDPS Act, 1985.

3. As seen from the evidence of the witnesses, the seizure of 10

kgs, ganja was from this appellant. There is no dispute that the

police has followed procedure prescribed for sampling.

Accordingly, samples were sent to FSL report. The FSL found that

the 10 Kgs. contraband which was seized from this appellant was

ganja. Though, grounds were raised that the police has not

followed the procedure under Section 42 and 50 of the NDPS Act,

on perusal of the evidence on record, it appears that there is no

violation of the provisions under Section 42 and 50.

4. In the said circumstances, I find no illegality with the

findings of the learned Sessions Judge, convicting the

appellant/accused for the offence under Section 20(b)(i) of the

NDPS Act, 1985. Further, the offence is of the year 2004 and

nearly 18 year have elapsed since the said incident. There are no

other criminal cases pending against this petitioner. In the said

circumstances, the sentence of imprisonment is reduced to the

period already undergone.

6. Accordingly, the Criminal Appeal is partly allowed reducing

the sentence of imprisonment against the appellant/accused to

the period already undergone.

As a sequel thereto, miscellaneous applications, if any, shall

stand closed.

_________________ K.SURENDER, J Date: 20.09.2022 tk

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.922 OF 2007

Dated: 20.09.2022

tk