THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.30 of 2011 JUDGMENT: The Inspector, Korukonda Circle, against the accused for the offence punishable under Section 8(c) read with Section 20(b)(ii)(B) of Narcotic Drugs and Psychotrophic Substances Act, alleging that on 19.10.2009, at about 8 a.m., the Inspector of Police, Korukonda Circle, on receiving information that ganja was being transported from Mallisala towards Gokavaram, the Sub-Inspector of Police along with mediators and staff, conducted check at Narasimhapuram layout at the outskirts of Gokavaram. While so, at about 9 am., the accused, who was traveling as passenger in an auto was found in possession of two bags which contained ganja, the first bag contained 8 ½ kgs of ganja and the second bag contained 6 ½ kgs of ganja and that the same were seized in the presence of mediators and a mediators report was also drafted and that after completing the required formalities, the charge sheet was filed and the same was taken on filed by the learned Special Sessions Judge for trial of the Cases under the Narcotic Drugs and Psychotropic Substances Act-cum-I Additional Sessions Judge, East Godavari District, Rajahmundry as NDPS SC.No.22 of 2009. The learned Sessions Judge having analysed the entire evidence on record, found the accused guilty of the said offence and accordingly, by his judgment, dated 07.01.2011, convicted and sentenced him to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for one month for the said offence. The same is challenged in the present Criminal Revision Case. Heard learned counsel for the petitioner-accused and learned Public Prosecutor appearing for the respondent-State. Learned counsel for the petitioner fairly conceded that it is not a fit case for interference by this Court, but, however, requested this Court to take a lenient view having regard to the fact that the accused has been in jail for about 15 days. In the light of the said submission of the learned counsel, this Court looked into the record. The appeal was dismissed on 07.01.2011 and immediately, the accused was taken into custody and as on today, he has been in jail for about 15 days. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of six months for the offence punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act imposed on the petitioner-accused by the Court below is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. As the petitioner is in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 25th January 2011 dr