^ ^.^ Sinale SflnGh . \^ -J^T^I Kalahandi (Udisa ,\ ° —• - v'icyl \^^-i-^^ •^•^' ..'>*";"^\\0 Shripati @ . Shri Buspati -S/0 Gaurangi aged 45 years R/0 Kalakot,P.S.- Bhavanipattnam Dist.' ".^•^^ The State of Chhattisgarh Through-P.S. G.R.P. Raipur(C.G.) HI6H COURTOF CHHATTIS6ARH AT BIUtSPUR Single Bench : Hon'ble Mr. Justice Pritinker &iwaker Criminal Appeal No. 170 of 2010 APPELLANT RESPONDENT Shripati @ Shri Buspati Versus State of Chhattisgarh AAs. Chandra Kumari Navrang, counsei for theappellant. \ VGibhav A. ©overdhan,PL for tKe State/respondent. CRIMINAL APPEAL UN&ER SECTION374 (ZVOF THE COOE OF CRIMINAL PROCE&URE JUE)6M ENT • (25.04.2011) . This appeai' is directed against the impugned judgment ond order clated 13.11.2009 passed by Specia! Judge; Raipyr- in SpeGial Case No.6/2008 convictin9 the gccused/appetlant foc the;offence punishable under Section 20(b)(ii)(B) of the Narcotic Dr'ugs <& Psychotropic Substances Act, 1985 (for short "NDPS Act") £OT(I sentencing him to undergo rigorous imprisonment for three yearsond pcy fine of Rs.5,000, in defcult of payment of fine to further undergo rigorous impnsonment for n.ine months. 2. Brief facts of the case are that on 13.3.2008, atabout 7.30 a.m. secret information was peceived by A.K. Uike (PW-7), Station House Officer, &.R.P. police Station ftaipur that two persons were trayeling in generai coach of the Link express coming from Vishakhapatnam to Korba cwrying ganjaw'\^\\ them. This jnformation was reduced in writing and was sentto the higher authorities vide Ex.P/5 and thereafter the police party proceeded towcrds roilway stort-ion and apprehendetl the accused/appellant and found 5 kgs. of ganja in his possessfon which he was carrying in a white bag. After fo!!owing the provisions of Section 50 of the NDPS Act vide Ex.P/6 r ,t and taking theconsent ofthe accysed/appellant vide Ex. P/7, 5 kgs. of ganj'a was seized from his possession. Panchnoma (Ex.P/4) was prepared and thereafter weighment panchnama (Ex.P/10) was made and aff-er prepa"ing thesamplesand completing the other formalities the sfflnptes were sent for FSL. On 13.3.2008 itself FIR (Ex.P/17) was registered against the accused/appetlant. After investigdtion, chaltan was filed by the police on 16.4.2008 under Section 20(b)(ii)(B) of the NDPSAct, 3. In order to establish the guilt of the accused/appelFant, the prosecution has examined as many as nine witnesses. Statement of the accused/appettoint was also recorded urtder Section313 of the Code Qf Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. ' 4. After hearing the parties fhe triat Coyrt' has convicted and sentenced theaccused/appellantfortheoffenceas mentioned above. 5. Heard coynsel f.or the parties ond perused the material availabteon record includingthe judgment fmpugned. 6. Counset for theappettant submits that she is not pressing this appeat as far as it relates to the conviction part of the impugned judgment and would have a limited prayerwith respect to the sentence part thereof only.Shesubmits that the appeltoint is in jail since last about two yearsseven months and twenty days and that he does not have any criminal antecedent and, therefore, in the interest of justice th.e sentence imposed on him be reduced to the period already undergone by him. To thte. counsel for the stote has no seriousobjection. .1 \-.; 7. Accordingly, the convictionpart of the judgment impugned is maintained. However, keeping in view of the fact that the appeilant is in jail since last about two years seven months and twenty days, he does not have any criminal antecedents and the appellant is a middle aged person, aged about 47 years and, therefore his sentence is reduced to the period aiready undergone by him. However, his sentence of fine as imposed by the triat Court is mdntained as it 'is. This order wouldoperateonly if the appellant deposits the fine amount as directed by the court below. On such amount being deposited, the appellant shall be released withoyt any delay if not required in any other case. 8. Appeal thus parttysucceeds. Sd/- pritinker Diwakar Judge