Chamakuri Dhanalaxmi vs The State Of Telangana
2023 Latest Caselaw 3774 Tel

              THE HON'BLE SRI JUSTICE K.SURENDER

                 CRIMINAL APPEAL No.721 of 2023

JUDGMENT:

This Criminal Appeal is filed by the Appellants/A1 & A2

aggrieved by the conviction recorded by the Special Sessions

Judge for Trial of Cases under the Narcotic Drugs and

Psychotropic Substances Act, 1985-cum-I Additional Sessions

Judge, Khammam, convicting the appellants/A1 and A2 for the

offence punishable under Section 8(c) r/w.20(b) of the Narcotic

Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS

Act') and sentencing them to undergo Rigorous Imprisonment for a

period of 20 years each and a fine of Rs.1 lakh each.

2. Heard.

3. The case of the prosecution is that on 09.07.2019, PW1

along with his staff found the appellants in the bus-stand with

bags. On seeing the Police, they tried to escape. The 1st

appellant/A1 was found in possession of Kg.8.315 grams of ganja

and 2nd appellant/A2 was found in possession of Kg.6.185 grams

of ganja. Having followed the procedure, the appellants were

produced before the Court and were sent to judicial remand. After

completion of investigation, the appellants were sent to judicial

custody.

4. The Police having concluded investigation, filed charge

sheet.

5. Learned Sessions Judge having examined PW1 to PW7 and

marking Exs.P1 to P9 found that these appellants were guilty of

the offence for being in possession of ganja. Accordingly, the

learned Sessions convicted the appellants to undergo Rigorous

Imprisonment for a period of 20 years, each, and imposed a fine

of Rs.1 lakh, each, and in default of payment of fine, the

appellants are sentenced to undergo Rigorous Imprisonment for a

period of one year.

6. Learned Counsel appearing for the appellants would submit

that the Sessions Judge had committed an error in sentencing

the accused to twenty years when the contraband that was found

with the appellants/A1 & A2 was intermediary quantity.

Admittedly, Accused No.1 was found in possession of Kg.8.315

grams and Accused No.2 was found in possession of Kg.6.185

grams of ganja. Admittedly, the appellants were not involved in

any other cases and it was the first case which was registered

against the appellants. He further submits that the maximum

punishment that can be imposed on the accused for intermediary

quantity is 10 years under Section 20(b) of the NDPS Act. The

counsel further submits that 1st appellant's husband was

mentally ill, she was having two children and she was earning by

doing labour work on daily wage and taking care of her children

and her mentally sick husband. The 2nd appellant/A2 was having

ten year old son and her husband died 9 years back and there

was no one to look after her son. In view of the said mitigating

circumstances, the counsel requested the Court to reduce the

sentence of imprisonment of the appellants/A1 & A2. Further,

the appellants could not pay fine.

7. The appellants are not involved in any other cases. The

mitigating circumstances are that both the appellants are woman

and having children aged about 10 years to take care of. The

children would become destitutes. The quantity that was seized,

admittedly, is intermediary quantity. The offence is punishable

up to 10 years. The statute does not prescribe any minimum

sentence.

8. Keeping in view the quantity of contraband seized, the

dependents of the appellants and since the appellants are first

time offenders, this Court deems it appropriate to reduce the

sentence of imprisonment to one year, each. The sentence of fine

amount is reduced to Rs.25,000/-, each. On failure to pay fine

amount, the appellants/A1 and A2 shall undergo imprisonment

for a period of two months.

9. Accordingly, the Criminal Appeal is partly allowed.

Miscellaneous applications, if any pending in this criminal

appeal, shall stand closed.

__________________ K.SURENDER, J Date : 09.11.2023 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.721 of 2023 Dt.09.11.2023

tk