' • ..^* HIGH COURT OF CHHATTISGARH AT BILASPUR CRIMINAL APPBAL No. 753/2008 APPBLLANT (In iaU since 13.08.Q81 RE8PONDENT VERSUS MANOHAR LAL SAHU S/o Jageshwar Sahu, aged about 36 years, R/o village- Kosinaada, P.S* Champa, District: Jaajgir-Champa (C, G.). STATE OF CHHATTISGA^H Through - Police Station -Chaiapa 'District: Jarijgir-Chaoipa(C.G,). , CRIMINAL APPBAL UNDBR SBCyTION 374 121 OF CRIMINAL PROCBDURE CODE. (SB ;Hoa*ble Mr.T.P. Sharma J.) ^ Present:-. Mr. Ramakant Pandey, Advocate for the appellant. Mr. Sushil Dubey, G.A. for the State/respondent. ORAL- JUDGEMENT (Passed on 20/8/2009) I. This cnmmal appeal is directed agamst fhe judgment ofconviction aiid order of sentence dated 13/8/2008 passed by the Special Judge, appointed under Narcotic Drugs aad Psychotropic Substaaces Act, 1985, District Jaajgir-Chaaipa (C,G,) m Special criminal case No, 04/2008 whereby and where under leamed Special Judge, after holding the appellaat gmlty for fhe possession offhe eUcit contrabaad article Ganja convicted iinder Section 20-B (1) (II)(B) of Narcotic Drugs aiid ^•.... Psychotropic Substaaces Act, 1985 (herein after referred as the Act of 1985) aad sentenced 3 years rigorous imprisonment aad fine of Rs. 5000/- ia default of payment of fine ri^orous imprisonment for 6 monfhs. 2. The judgment of conviction aad order of sentence is chaUenged by fhe appeUaat on the ground that without aay iota of evidence court below has convicted aad sentenced fhe appeUaat aforementioned. b»« ^ ^ 6. Brief case of fhe prosecution is that on 3/4/08 at about 13.35 Investigating Officer PW9 Hetram Sidhar received information fhat present accused is goiag towards GhattoU and he is carryuig Ganja mformation was recorded vide P-1. He proceeded for spot along wifh police force wherc accused was found wifh some plastic bag. Search was conducted ofaccused ondhe was found ia possession offhe 3.100 gnns. Garya same was examiaed, weigheyed aad seized vide Ex, P-15. Accused was arrested detaUed iiiforoiation was sent to fhe Superior PoHce Of&cers. First Information Report was lodged, sample was sent for cheinical aaalyses and same was found Garya. After coinpletion of fhe iavestigation charge sheet was filed beforc ttie Special Judge, Jaajgir- Champa, In order to prove fhe guUt of the accused/appeUaiit prosecution has examiaed as well as 9 witnesses. Statement offhe accused was recorded under Section 313 of fhe Code of Cninmal Procedure, 1973 wherc he denied circumstaaces appeariag against hioi ianocency aad Mse implication is clamied. Affcer affordmg an opportunity of hearing to fhe parties leanied Special Judge, JaDJgir-Champa convlcted aad sentenced ftie appeUant aforementioned, Leaaied counsel for fhe parties are heard aad judgment impugned aad records ofcourts below perused, At tiie out set counsel for fhe appeUaiit submits fhat he is not disputmg the conviction but praymg for reduction of sentence on fhe ground fhat lesser quaatily of fhe contrabaad article aad first offence of fhe appeUant. Leamed counsel for the State/ respondent opposed fhe appeal, /yy\ f 'll 1 ^ ^ "w^ ^^^' -J 8. The evidence of fhe witaesses aad dociiments perused. Evidence of the witaesses aad documents Ex. P-1 to P-38 are suflEicient for drawmg fhe iaference that accused was ia possession of 3,100 grms. contraband article Ganja and prosecution has complied the provisions of Special Act fhe conviction of fhe appeUant under Section 20-B (1) (II)(B) of Narcotic Drugs aad Psychotropic Substaaces Act, 1985 is sustainable under the law. 9. As regard fhe question of sentence is concemed present appeUaat is ia custody smce 3/4/08 and completed more fhaa 1 year aad 4 monfhs takhig iato consideration the quaatily of the contrabartd ardcle Ganja, age of fhe accused aad period of custody sentence required reconsideration. Consequently, appeal is partly aUowed. Conviction ofthe appeUaat is hereby maintaiaed aad sentence is partty modified aiid m stead of rigorous imprisonmeut for 3 years aad fine of Rs. 5000/- appeUant is sentenced rigorous imprisonnient for 2 years aad fine of Rs. 5000/ - ia default of fine amount to fdrtih.er nndergo additional rigorous ioiprisonment for 6 monfhs, Sd/- T.P. Sharma Judge