CF0000059 8 3§§§ @wgw L §2§x 1N THE HIH COURT F MADE PRASH T UABALPUR~ G O YA DES A CRINA APPEAL N.“§3 F 1991 / APPELLANT : Slde/ on a hashv s of Kunu Shu, aged 25 asrent of ahasingh, Polme an Rengal Dstr‘r. Sambalpur, yerxesm M Sttlo l/ lic Oriss Versus / RsyDNDENT : E state of Madhya Pradesh APPML uNDbh obCdON 37142) CktIMAL r mi. AD WITH SnKnIoN 2 B NAROOTIL LRUbS P § wLHOPlb bUnbT NC b A“; 1985 APPbAL AGAINST iHh ‘UDbMbNT AN BY 2ND AUDJJTONE bESMLUNS d D IN RCCEDUhE LUDE AND J D LONVIbLION ara RA uAui-l xrs"m"‘IAL "Nu.§ % SENTEN Lb. K ne s.2000 In efault 3 months CUNVICIION /s k ur g5 2 U‘ 20 N.u..5. A' 19 x Years RJ. 01 ‘ IML o O av udTnu 4,112.91 P mam) LN ’bnb‘l'o‘ §&; / Fi R d J HIGH COURT OF CHHATTISGARH AT BILASPUR 1 Singée Bench : Hon‘ble Mr. Jusfice Prifinker' Diwaker Criminal Agga! No. 1153 of 1991 Shri Neeikan+h Maiviya, counse! for fhe appellant Shri Neemj Mehfa, P.L. for The Sfafe/respondenf. V CkIMINAL A?PEAL UNDER SECTION 374 g2! OF THE CODE OF CRIMINAL ?ROCEDU§2E. V ‘ Q R D E R (08.02.2010) ‘This appeai is direcfeci againsf 'i'ha judgmen? dofed 442.1991 passed by Second Addi‘rioml Sessions Judge, Raigarh in Sessions Case No.107/1990 convio‘ring The accused/oppelian‘r for The offence punishab!e under See‘rion 20 of Narcotic Drugs and Psychofr'opic Subs‘ronces Acf (for shorf The Met") and sen?encing him To undergo rigorous imprisonment for 2 years and pay fine of Rs‘2,000, in defaul'r of paymen'i’ of fine 1‘0 further undergo rigorous imprisonment for Three monihs. 2. Case of The prosecui'ion in brief is That on 30.9.1989 acfing upon a secret informafion, bicycle of ihe appeilan‘r was infercep‘red by iihe Police of police Sfa‘iion Pushour, District Raigarh and in The ' bag afTached 'io if 800 grams of 0anja was found. gf‘ter comple‘l’ing The formalities ‘ihe appellant was prosecuied for fhe said offence. 3. So as f0 hold The accused/appellanf guil‘l’y, prosecu‘rion has examined 04 wi'rnesses in supporf of i'is case. Statemeni' of fhe accused/appellanf was also recorded under Section 313 of 'rhe Code of Criminal rPro'cedurenin which he denied The charges levelled againsf him and pleaded his innocence and false implicafion in fhe Case . <3! 1/ APPELLANT Shashidev son of Kunu Sahu a Versus RESPONDENT 5mm of Madhya Prodesh - (now Chhaf’risgarh) 4. Af+er hearing the par-Ties the frial Cour-1' has convicfed and sen‘renced fhe accused/appelhn‘r for The offence as men‘rioned above. 5. Heard counsel for fhe parTies and perused The maferiai avaibble on record inéiuding The judgmen'l’ impugned. 6. Counsel for The appellanf submi‘rs fhaf The appellqn‘l' has already remained in jail for abouf four months. He submi’fs Thaf as per The amended provisions of fhe ACT 2001 The quanTiTy of ganja seized from The possession of The appellanT would fall wiThin The cafegory of small quanTiTy as defined in The schedule and as per The amended AcT The maximum punishmenT which can be imposed for such offence is rigorous imprisonmenT for six monThs or fine. He admiTs ThaT The senTence imposed on The appellanT can be imposed on The basis of old AcT prevailing aT The relevanT Time: AT This sTage he also submiTs ThaT The ends of jusTice would be meT if The appellanT is senTenced To The period already undergone by him and he would noT press The convicTion parT of The impugned judgment He submiTs ThaT The fine has already been deposiTed by The accused/appel lanT. 7. On The oTher hand STaTe counsel supporTs The judgmenT impugned. He however admiTs ThaT as per The new AcT looking To The quanTiTy of ganja seized from The possession of ThefppellanT, The maximum punishmenT is imprisonmenT for six monThs.v* 8. Having gone Through The maTerial available on recordi convicTion parT of The impugned judgmenT is mainTained. However, looking To The facT ThaT The incidenT had Taken place on 30.9.1989. fine amounT has been deposiTed by The appellanT, This is The firsT .; offence alleged againsT ThéappellanT and ThaT There is no previous criminal record againsT him, senTence imposed on him is reduced To The period already undergone by him. 9. Appeal is Thus parTly allowed.