Bheemanapally Srinivas vs The State Of Telangana
2025 Latest Caselaw 2777 Tel

Telangana High Court

Bheemanapally Srinivas vs The State Of Telangana on 4 March, 2025

       THE HONOURABLE SMT JUSTICE K. SUJANA


             CRIMINAL APPEAL No.257 of 2025


ORAL JUDGMENT:

This appeal is filed by the appellant aggrieved by the

conviction and sentence dated 02.07.2024 imposed in

S.C.NDPS.No.35 of 2022 on the file of the Special Sessions

Judge for Trial of Cases under the Narcotic Drugs and

Psychotropic Substances Act, 1985 - cum - Principal Sessions

Judge, at Mahabubabad District. Basing on the evidence of

PWs.1 to 7, Exs.P1 to P11 along with MO.1 the appellant was

convicted and sentenced to undergo Rigorous Imprisonment

for a period of one year and to pay fine of Rs.10,000/- and in

default of the same, to undergo Rigorous Imprisonment for a

period of one month, for the offences punishable under

Section 8(c) r/w Section 20(b) (ii) (A) of NDPS Act. As per

prosecution, the appellant was arrayed as accused No.2 as

commercial quantity of dry ganja was seized from the

possession of the appellant, along with A1 and A3 while they

were transporting the same.

2. Heard Smt P.Suhasini, learned counsel for the

appellant and learned Additional Public Prosecutor for the

respondent-State.

3. The main contention of learned counsel for appellant is

that the petitioner is in jail from almost 10 months, including

the remand period, as such, she prayed this Court to reduce

the punishment already undergone by him, and to reduce the

fine amount.

4. Learned Additional Public Prosecutor filed report

received from the Superintendent, District Prison, Khammam,

Khammam District, and concurred with the submissions of

learned counsel for appellant.

5. Considering the submissions made by the learned

counsel for the appellant, the learned Additional Public

Prosecutor and the material placed on record, this Court is

inclined to modify the sentence imposed by the trial Court

against the appellant.

6. Accordingly, the Criminal Appeal is partly allowed and

the sentence imposed in S.C.NDPS.No.35 of 2022, is modified.

The sentence of one year imposed by the trial Court against

the appellant is reduced to the period of imprisonment already

undergone by him. Further, the payment of fine of

Rs.10,000/- is reduced to Rs.2,000/-. The appellant/accused

No.2 is set at liberty forthwith, if he is not required in any

other case or crime. The bail bonds of the appellant/Accused

No.2, if any, shall stand cancelled.

Miscellaneous applications, if any pending, shall stand

closed.

______________ K. SUJANA, J

Date: 04.03.2025 PT