Court No. - 13
Case :- CRIMINAL APPEAL No. - 6513 of 2017 Appellant :- Vijay Kumar Raidas Respondent :- State Of U.P.
Counsel for Appellant :- Chandra Dutt Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
This Criminal Appeal No. 6513 of 2017 (Vijay Kumar Raidas vs. State of U.P.) is moved by the appellant against the judgement and order dated 28.06.2017 passed by Additional Session Judge (Court No. 5) / Special Judge (N.D.P.S Act) Kanpur Dehat in Special Session Trial No. 12 of 2013, (State vs. Vijay Kumar Raidas) Crime No. 12 of 2013, Under Section 20(B)(II)(b) N.D.P.S. act Police Station- Derapur, District- Kanpur Dehat, convicting the accused-appellant with the rigorous imprisonment of 2 years 6 months with the fine of Rs. 25,000/- and it is also provided that in default of payment of fine appellant will under go the additional imprisonment for one month.
In nutshell the prosecution version is that on 20.01.2013 when the police party headed by R. K. Saxena was on patrolling and were coming back to the out post from Mungisapur, Bivapur. When the police party reached on the crossing of Pukhraya / Shahjahanpur then they saw the two persons. Seeing the police party they tried to run away. On the basis of suspicion both the persons were apprehended by police at 05:00 am near about 40 paces away from Tiraha. When they were asked the reason of running away they told that they are having Charas with them then they were made aware of their to get searched themselves before the Magistrate / Gazetted Officer, on it both the persons consented for their search by the police party. On being searched 250 gram Charas was recovered from the right packet of the pant of Vijay Kumar Raidas and 200 gram Charas was recovered from the possession of Arvind. Sample was taken away. Recovery memo was prepared, accused were taken into custody. Matter was investigated and the charge-sheet was submitted by the Investigating Officer. After framing of the charge prosecution examine the four witnesses to prove his case apart from the documentary evidence. On the basis of evidence available on the record, Lower Court convicted the appellant Vijay Kumar Raidas, under section 20(B)(II)(b) of N.D.P.S. Act and Sentenced him with the rigorous imprisonment of two and half year with the fine of Rs. 25,000/- and it is also provided that in default of payment of fine he will further undergo the additional imprisonment for one month.
Heard Sri Chandra Dutt, learned counsel for the appellant and learned A.G.A., for the State.
Learned counsel for the appellant submitted that he wants to argue the appeal only on the point of sentence. Learned counsel for the appellant submitted that appellant is very poor person and he is the sole bread winner of his family. He has small kids and old parents and due to his imprisonment they are at the stage of starvation. He has no criminal history. Learned counsel for the appellant also submitted that the period of sentence be reduced.
Learned A.G.A., consented to it.
Considering these facts, in my opinion it will served the end of justice if the accused-appellant is sentence for the rigorous imprisonment of 1 year and 6 months with the fine of Rs. 30,000/- and in default of payment of fine he will undergo the additional imprisonment of 3 months.
On the basis of above discussion I come to this conclusion this appeal deserves to be partly allowed.
Criminal appeal No. 6513 of 2017 is partly allowed.
Accused-appellant Vijay Kumar Raidas son of Rameshwar is convicted in Special Session Trial No. 12 of 2013 (State vs. Vijay Kumar Raidas) under section 20(B)(II)(b) N.D.P.S. Act in Crime No. 12 of 2013, Police Station- Derapur, District- Kanpur Dehat and is sentenced with the rigorous imprisonment of 1 year 6 months with the fine of Rs. 30,000/- and in default of payment of fine he will further undergo the additional imprisonment of 3 months. The period of detention of the accused in this case shall be adjusted in this sentence.
Judgement dated 28.06.2017 passed by Additional Session Judge, Court No. 5 / Special Judge, N.D.P.S. Act, Kanpur Dehat, passed in Special Session Trial No. 12 of 2013 is modified accordingly.
Lower Court record be sent back, along with the copy of this order, to the Court concerned for compliance.
Order Date :- 27.2.2018 Swati