KALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of Cr.P.C. by the appellants being aggrieved by the judgment dtd. 8/12/2023, passed by learned Special Judge, NDPS Act, District Barwani, in SC-NDPS No. 33/2021, whereby the appellants have been convicted for the offence punishable under Sec. 8(C)/21(b)(ii)(b) of NDPS Act and sentenced to undergo 04 years RI with fine of Rs.10,000.00 each and default stipulation.

(2.) As per the case of prosecution on 9/9/2021, on a discreet information was received by the police that Kalu S/o Mohan Kumawat (appellant No. 1) is coming with his partner Sugan on a Discover motorcycle bearing registration No.MP-09-MB-5658 from Dhar towards Talun with huge quantity of illegal Ganja and on being searched recovered 02 kilo and 200 grams of ganja from possession of the appellant Nos. 1 and 2 and 1 kilo and 500 grams of ganja was recovered from the possession of appellant No. 3. Thereafter, police registered crime and arrested the accused persons. Thereafter, after following the due procedure of law, FIR was registered. Thereafter, investigation was conducted and charge sheet was filed after which charges were framed against the appellants but they denied the same and expressed their willingness to face the trial, the appellants were found guilty for the offence under Sec. 8(C)/21(b)(ii)(b) of the NDPS Act, 1985.

(3.) The appellants have preferred this criminal appeals on several grounds but during the course of arguments, learned counsels for the appellants did not press these appeals on merits and not assail the finding of conviction part of judgment. They confine their arguments on the point of sentence. Counsels for the appellants assure that the appellants will not involve in such criminal activities in future. They also submitted that the appellant No.1 Kalu @ Kaluram and appellant No. 2 Sugan have already suffered approximately five months of their jail incarceration and appellant No. 3 Kalu @ Kalusingh has undergone approximately four months only out of his jail incarceration. They further submitted that they are having regard to all circumstances which resulted in appellants' conviction. Further keeping in view the fact that the appellants were facing the trial before the concerned Court for more than 03 years, therefore, they prayed that the appeal be partly allowed and the sentence awarded to the appellant be reduced to the period already undergone.