IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD. WEDNESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Appeal No.675 of 2009 Between: Dasari Lakshmamma …Appellant A n d State of Andhra Pradesh Rep. By Public Prosecutor High Court of A.P., Hyderabad. …Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Appeal No.675 of 2009 JUDGMENT: This criminal appeal is directed against the judgment dated 19.01.2009 in SC No.40 of 2007 on the file of the I Additional Sessions Judge, Ongole, wherein the appellant herein was convicted for the offence under Section 20(b)(ii)(B) read with 8[c] of NDPS Act and sentenced to undergo rigorous imprisonment for four years and pay fine of Rs.100/-. 2. Heard both sides. Perused the record. 3. The appellant-A.1 along with another A.2 was prosecuted for the offence under Section 8[c] read with 20(b)(i) of NDPS Act. According to the prosecution, on 04.08.2007 the Prohibition & Excise officials seized 3.9 kgs of ganja from the possession of the appellant- A.1 and l.9 kgs of ganja from the possession of A.2 under a panchanama in the presence of mediators. In support of their case, the prosecution examined PWs.1 to 4 and Exs.P.1 to P.7 and MOs.1 to 4 and Ex.C.1 were marked. On consideration of the evidence available on record and the relevant case law on the subject, the learned Sessions Judge recorded a finding of guilty against the appellant-A.1 and duly convicted her for the same. The said finding is based on proper appreciation of the evidence and does not call for any interference. 4. The only contention raised by the appellant is that a lenient view may be taken in the matter of sentence, as the appellant is aged woman and agricultural coolie and is the sole bread winner of the family. Before the trial Court also, the appellnant-A.1 pleaded for mercy in the matter of sentence on the ground that she lives by doing coolie work and she has got aged mother, who is dependent on her. A report was called for and received from the learned Sessions Judge, wherein, it is stated that the appellant-A.1 was in judicial custody from 05.08.2007 to 24.08.2007 during crime stage and from 19.01.2009 to 30.5.2009 after she was convicted and she was on bail during the trial. 5. Having regard to the fact that the appellant-A.1 is a woman aged more than 46 years and is a poor person, eking out livelihood by doing coolie work and she has aged mother dependent on her and she is the bread winner of the family and keeping in view the fact that the other accused i.e., A.2 is sentenced to undergo simple imprisonment for two years for the same, it is considered that ends of justice would be met by reducing the sentence of imprisonment against the appellant-A.1 herein also for a period of simple imprisonment for two years, while retaining the sentence of fine of Rs.100/- together with default sentence of 15 days and the same is accordingly reduced. 6. In the result, subject to the above modification regarding the sentence, the criminal appeal is dismissed. _______________________ G.V.SEETHAPATHY, J Date: 05.08.2009 bss