CF00000643S6 n ^.t, ' -m..,. Sinqie tisnc" v-ii"" IN TK3 HIQH COUST OE- JUD3EAIURS AI JA3ALPUR. M.P \^<5G iRIME'IAL .'iPPEAL IlO. ——ox 2000 Appellaut. CZn Jd.lL^s. Responrisnt. £unil Kum^r son o£ s&chid&naadg agsd abc<rt 25 yeaz-Sg'R/o village. Pakigaaj , Bistt; patna. (Bihar) 7srsus. T.he State o.f M.P. Shrough the PoS-.Lce-statioa Paki Kogera; y: Korba M.P ^ •" CRIMZNAL APPEAL UI®ERSBCTZOK 374(2) OS' ^HS CODE QV CRIMIKAL PROCBBURB. -IIGK COURT OF JUDIGATURE AT BILASPUR (C.G) CRIMINAL APPEAL Ko.1006/2000 sunll Kumar w'^w The State of M.P (now Chhattisqarh) J UDG MEN T (23.-04-20015 The appellant being aggrieved by the Judgraent dated 17-11-1999 passed ih Special Case No.56/1999 by the learned Special Judge (NDPS Act) Bilaspur, convicting the appellant u/s 20(b5(i) read with section 3 of the N.D.P.S. Act and sentencing hira to undergo R.I. for 3 years and pay a fine of Rs«10,000/~ in default of ^payment of fine, to undergo further R.I. for one year; has filed this appeal. (2) On completion of the investigation, the challan was filed and the accused was produced before the Court.©nOl-ll»l999^ the challan was • filed-On 15-11-1999, at'; the request 01 the acc'-ised, the case was adjourned to 16.11.1999, fcut the matter was requirea to fce adjourned to 17^-ll»l999. On 17»-11-»99 when the details of the charges were read to the accused, he admitted his guilt. On 17-"11-199S, the accused endorsed his signatures on the charge papers aad admitted the guilt. In view of the said confession/ admission before the Court, the trial Court convicted the accused and awarded him the sentences as referred ./•-——- - ' to above. %' <= (3) Learned counsel £or the auplicant submlts that looking to the quantity of Ganja recovered at the instance o£ present appellant, the term of jail sentsnce so also the fiae amount are on'the hj-aher side. He submits that the .sentences awarded to hira deserve^ to be reciuced. (4) On the other hand Shri Ranveer Singh, learned counsel for the State, submits that the Court below was not unjustified in awarding the sentence and as the q:uestion of sentence was in the discretion of the sald Court, this Court should not interfere. (55 (6) I have heard the parties at length. Section 20(b)(i) of the N.D.P.S.Act provides up- that in case of Ganja the jail sentence may be/to the period of 5 years. While convicting the accused. the Court^haAt imooseS^fine upon him. Section 20(b)(i) of the Act does not provide for a minimum sentence as 1s provided J-n cases relating to section 18 and such others. In an offence punishable u/s 20(b)(i) of the Act, a discretion is qiven to the Court to awarfi some sentence which is suitable in the opinion of the Court lookinc? to the facts and circi^rastances. (7) True, it.is that the Court below had jurisdiction to award the sentence upto 5 years, but v;hile awarding the sentence the Court should not gorget that it is required to take into consideration the totality of the circumstances. In the present case, the con'eessional plea on the part of the accused. in fact. would shov; ^.- -- " "~~^'' that he^ was repenting or suffering with the feeling £AcA^n-^ of guilt which was striking on his consciense^ he admitted the guilt. S'jch a confession/admission on his 'oart, in fact, can be taken to be a mitiqatinci aircurastance. The Court below ha<3 acted very mechanical- ly in awarfiing the senteace o£ 3 years R.I and imposing a rj-ne of Bs.l0,000/»-. :'^1 (8) Taklng into consideration the totality of the circumstances and the fact that only 2 K.Gs. of Ganja was reqovered froin the possession of the accused and that un6.er the nressure of his conscience he ad.mitted'tbe guilt, I consider presenfc to be a fit ease for reducing the sentence. The Jail sentence of 3 ysars R.I. is reduced to the period of 2 vears. The fine amount is also reduced from 10,000/~ to <,.3,000/1-. In default of payment cf fj-ne, the appellant shall unfiergo R.I. for 3 months. (9$ The appeal to the extent indicated above is allowed. The accused who is in iail be informed th--ough the aQency o£ the trial Court. / Sd/- R.S. Garg ;3"04-2001