Neelala Ram Prasad vs The State Of Telangana
2023 Latest Caselaw 2055 Tel

               HON'BLE SRI JUSTICE K.SURENDER

                 CRIMINAL APPEAL No.770 OF 2023
JUDGMENT:

1. This Criminal Appeal is filed by the petitioner Nos.1 to

3/Appellant Nos.1 to 3 aggrieved by the order dt.04.08.2023 passed

in S.C.(NDPS) No.12 of 2018 by the Special Sessions Judge for trial

of cases under Narcotic Drugs and Psychotropic Substances Act-

cum-I Additional Sessions Judge, Khammam, wherein the accused

Nos.1 to 3 are found guilty for the charge under Section 8(c ) r/w

Section 20(b)(ii)(A) of NDPS Act and they are convicted under section

235 (2) Cr.P.C and sentenced to undergo rigorous imprisonment for a

period of one year each.

2. The case of the prosecution is that on 06.08.2017 night the

appellant Nos.1 to 3 and the accused No.4 were apprehended by the

police and found that the appellants were in possession of dry ganja

in polythene covers. The police seized 790 grams of ganja from the

possession of appellant No.1/A1, seized 700 grams of ganja from the

possession of appellant No.2/A2, seized 660 grams of ganja from the

possession of Appellant No.3/A3 and seized 650 grams of ganja from

the possession of A4. The total weight of the seized contraband from

all the four (4) persons was 2,800 grams.

3. The learned counsel appearing for the appellant Nos.1 to 3

would submit that the appellants were falsely implicated in the case

and they were working as coolies. Further, no criminal case is

pending against the appellants and none of the appellants were in

possession of more than 1 kg ganja, which is small quantity. Since

all the appellants were in possession of less than small quantity, this

Court may consider reducing the sentence period already undergone.

4. The learned counsel appearing for the appellant Nos.1 to 3

further submits that the appellants did not have money even to

provide security on the date of judgment, as such, they did not seek

suspension of sentence under section 389(3) of Cr.P.C.

5. The learned Public Prosecutor would submit that there are no

other criminal cases against these appellants. However, since they

are found in possession of ganja, the conviction has to be confirmed.

6. Admittedly, the quantity seized from each of the appellants is

less than small quantity, even according to the police, they were

working as coolies in that area. There were no criminal antecedents

against the appellants and the appellants have undergone

imprisonment when the case was registered by the police and they

were in Jail since 04.08.2023. This Court deems it appropriate to

reduce the sentence of imprisonment imposed on the appellants to

the period already undergone. The appellant Nos.1 to 3 shall be

released if they are not required in any other case.

7. Accordingly, the Criminal Appeal is partly allowed.

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

stand closed.

_________________ K.SURENDER, J

Date: 06.09.32023.

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HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.770 OF 2023

Dt.06.09.2023.

krl