LAKHI CHAND PASWAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is an appeal u/s 374 (2) Cr.P.C challenging the judgment and order on sentence dated 24th January, 2012 passed by Sh. Narinder Kumar, Special Judge (Central), Delhi vide which the appellant was convicted under Section 20 of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') and sentence to undergo rigorous imprisonment for five years and to pay fine of Rs. 50,000/-, in default to further undergo rigorous imprisonment for three months.

(2.) The appellant has moved an application bearing Crl. M.A. No. 20235/2014 for releasing him on the period already undergone. During the course of arguments, learned counsel for the appellant did not challenge the legality of the order of conviction vide which the appellant was convicted under Section 20 of NDPS Act, but prayed for leniency in quantum of sentence on the ground that out of five years sentence awarded to the appellant, he has already undergone sentence for a period of more than four years. As such, he be released on the period already undergone. For raising this submission, reliance was placed on Crl. Appeal No. 613/2014 Edom Simon Chimezie v. State of NCT of Delhi.

(3.) Conviction of the appellant was rightly not challenged by the learned counsel for the appellant, inasmuch as, as per the prosecution case, the appellant/accused was found in possession of 15 kilos of ganja. In order to substantiate its case, prosecution in all examined 10 witnesses. Statement of accused was one of denial simplicitor and it was pleaded that the accused along with co-accused had come from Nepal for work and, as such, were present at the platform of Old Delhi Railway Station. They were taken to police station and then falsely implicated in this case. After scrutinising the testimony of the prosecution witnesses, the learned Trial Court convicted the appellant for offence under Section 20 of NDPS Act. No fault can be found with this finding of the learned Trial Court.