RAMKRIPAL PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Ramkripal Patel, who has been convicted to undergo 10 months rigorous imprisonment and fine of Rs.3,000/-, in default of payment of fine, rigorous imprisonment for three months, for an offence under section 20(b)(ii)(B), of The Narcotic Drugs and Psychotropic Substances Act, 1985, has filed this appeal challenging his conviction and sentence.

(2.) APPELLANT was apprehended on 16.8.2005, at about 6.15 in the evening by a Constable posted in Mouganj at a place 7 Kms away in Village Behra, in District Rewa. On searching the appellant, about 2 Kg of psychotropic substance (ganja) was seized from him. He was immediately arrested on 16.8.2005, was put to trial and by the impugned judgment dated 17.2.2006, appellant has been convicted as indicated hereinabove.

(3.) EVEN though Shri Amit Pandey, learned Panel Lawyer, emphasized that the punishment awarded is proper and no interference be made, but taking note of the totality of the circumstances and the fact that the appellant is more than 62 years of age as on date, he has already remained in custody from 18.5.2005 to 17.2.2006 i.e... the date of judgment; thereafter, from 17.2.2006 upto 10.4.2006, when he was released on bail, the total period of sentence undergone by the appellant would be more than 9 months. Taking note of the circumstances and the facts as indicated in paragraph 25 of the impugned judgment, that it was the first offence by the appellant and there is no criminal record indicated at the time of conviction, it is thought appropriate to allow the second alternate submission made by Shri Sanjay Patel, as the appellant has already undergone more than 9 months and has been suffering the litigation and other aspects attached thereto since 18.5.2005 i.e... for more than 10 years now.