THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.548 of 2007 23-01-2014 BETWEEN:
Bandi Sammaiah …..Appellant AND The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.548 of 2007 JUDGMENT:
The Criminal Appeal is preferred by the appellant/accused challenging the Judgment, dated 17.04.2007, in N.D.S.C. No.9 of 2005 passed by the Hon’ble I Additional Sessions Judge, Adilabad, whereby the learned Judge found the accused guilty for the offence under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), and accordingly convicted and sentenced him to undergo Rigorous Imprisonment for a period of six months and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default, to undergo simple imprisonment for a period of three months.
The case of the prosecution is as follows:-
That on 12.08.2004, when the accused was found to be moving under suspicious circumstances carrying plastic bag, P.W.1 apprehended and interrogated. The accused disclosed that the bag is filled with ganja. On further enquiry, the accused disclosed his identity and confessed that he purchased 5 kgs of ganja and transporting the same to sell it at higher rates. The accused was produced along with ganja bag before P.W.4, the then S.I., of Police, Railway Police Station, Bellampalli. P.W.4 secured the presence of two mediators and in the presence of P.W.3, the bag was searched and ganja was found in the bag. Samples were taken from that bag for chemical analysis. After receiving the chemical analysis report opining that the samples consisted of ganja, charge sheet was filed against the accused for the offence under Section 8(c) read with Section 20(b)(i) of the NDPS Act.
During the course of trial, P.Ws.1 to 4 were examined and Exs.P.1 to P.5, and M.Os.1 and 2 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court found the appellant/accused guilty for the offence under Section 8(c) read with Section 20(b)(i) of the NDPS Act and accordingly convicted and sentenced him as stated above. Aggrieved by the same, the present appeal is preferred by the appellant/accused.
Heard the learned counsel for the appellant/accused and the learned Public Prosecutor.
After evaluating and examining the material available on record and considering the respective submissions of the learned counsel for both parties, this Court is of the view that there are no special or adequate reasons, warranting interference by this Court with the Judgment passed by the trial Court. The Judgment of the trial Court is in accordance with law and this Court is of the view that the same need not be interfered with.
At this stage, the learned counsel for the appellant/accused confines his argument with respect to quantum of sentence and submits that as the appellant/accused is aged more than sixty years and has been suffering from several ailments, a lenient view may be taken while imposing sentence of imprisonment.
Considering the facts and circumstances of the case and the age of the appellant/accused, this Court is inclined to reduce the sentence of imprisonment for the offence under Section 8(c) read with Section 20(b)(i) of the NDPS Act imposed by the trial Court to that of the period, which the appellant/accused has already undergone. However, this Court is of the view that additional fine of Rs.1,000/- (Rupees one thousand only) may be imposed.
In the result, the conviction recorded by the learned trial Judge against the appellant/accused for the offence under Section 8(c) read with Section 20(b)(i) of the NDPS Act is hereby confirmed. But the sentence of imprisonment imposed by the learned trial Judge under that above head is reduced to that of the period, which the appellant/accused has already undergone. However, the appellant/accused is directed to pay additional fine of Rs.1,000/- (Rupees one thousand only) on or before 30th March, 2014, in default, to suffer simple imprisonment for three months.
It is made clear that if the additional fine amount is paid after the stipulated period and while undergoing default sentence, the appellant shall be released.
Accordingly, the Criminal Appeal is partly allowed. Consequently, miscellaneous applications, if any pending in this appeal, shall stand closed.
JUSTICE RAJA ELANGO 23.01.2014 pln