THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1499 OF 2008 DATED 30th DECEMBER, 2010. BETWEEN : Gama Yadav & another .. Appellants-A.1 & A.2 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1499 OF 2008 JUDGMENT: Present appeal is filed by the appellants-A.1 & A.2 challenging the judgment of conviction and sentence passed by the learned Special Judge for Trial of Cases Under N.D.P.S. Act, 1985 (I Additional Sessions Judge) at Khammam in Sessions Case No.5 of 2008 on 02.12.2008 wherein the learned Sessions Judge convicted the appellants under Section 235 Cr.P.C. for the offence under Section 8 (c) read with 20 (b) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for four years each and to pay fine of Rs.200/-, in default to suffer one month imprisonment each. Heard. After arguing for some time, the learned counsel for the appellants confined his arguments only in connection with question of sentence and requested this Court to take a lenient view against the appellants in imposition of sentence. He further submits that the appellants have already suffered 3 years of imprisonment. In view of the said submission, this Court is of the view that merits of the impugned judgment need not be adjudicated. Admittedly, the crime occurred in the year 2007 and for all these years the appellants suffered humiliation and also stigma in the society. Out of four years of imprisonment imposed by the trial Court, appellants have already suffered 3 years. Considering these circumstances, this Court is inclined to take a lenient view against the appellants in imposition of sentence. In the result, the conviction imposed on the appellants-A.1 & A.2 by the learned Special Judge For Trial of Cases under N.D.P.S. Act, 1985 (I Additional Sessions Judge) at Khammam, in Sessions Case No.5 of 2008 on 02.12.2008 for the offence under Section 8 (c) read with 20 (b) of N.D.P.S. Act is hereby confirmed. However, the sentence of imprisonment imposed on the appellants is reduced from four years to three years. The period of detention already suffered by the appellants is directed to be given set off under Section 428 of the Code of Criminal Procedure. Fine amount imposed by the learned Sessions Judge is not interfered with. Appellants shall be released after serving the sentence, if they are not required in any other case. Remaining portion of the impugned judgment shall stand unaltered. With above modification, the Criminal Appeal is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 30.12.2010 sur