Court No. - 34
Case :- GOVERNMENT APPEAL No. - 3915 of 2009 Appellant :- State Of U.P. Respondent :- Molai Kewat Counsel for Appellant :- G.A.
Hon'ble Om Prakash-VII,J.
Present appeal for enhancement is preferred by the State of Uttar Pradesh against the judgement and order dated 29.01.2009 passed by Additional Sessions Judge, Fast Track Court No. 03, Gorakhpur in Special Sessions Trial No. 67 of 2003 (State of Uttar Pradesh versus Molai Kewat) under Section 8/20 of NDPS Act whereby accused-respondent was convicted and sentenced for the offence under Section 8/20 NDPS Act on the basis of imprisonment already undergone and also with a fine of Rs. 1,000/-. In default of payment of fine respondent was also directed to undergo 15 days additional imprisonment.
Heard learned AGA and perused the entire record.
Prosecution case is that 31 packets of smack were recovered from the possession of the respondent. There is nothing on record to show what was the actual weight of the said contraband. Under the NDPS Act specific categories have been made in the schedule and according to the categories punishment has been provided .
Since, prosecution was not able to establish the actual weight of the said contraband, then in that situation findings recorded by the Trial Court in the impugned judgement and order imposing sentence to the respondent for the period already undergone cannot be termed to be illegal.
Appeal for enhancement of sentence lacks merits and is dismissed at this stage itself.
Order Date :- 27.7.2018
A.N. Mishra