RAM CHANDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Being aggrieved by the judgment dated 13.08.2008 passed by Special Judge, Ratlam, in Special Case No. 17/2004 whereby the appellant was convicted for an offence punishable under Section 8/18 of the N.D.P.S. Act with imprisonment for a period of four years and fine of Rs. 5,000/- and in default of depositing fine further sentence of one year each, the present appeal has been filed.

(2.) In short the case of the prosecution was that on 14.05.2004 an information was received by the Station Officer of the concerned police that appellants are seated at Bus Stand along with Opium and are proceeding towards Jawra in the Bus. It was alleged that after observing formalities the concerned Station Officer reached to the waiting room of the concerned Bus Stand where he found the appellants. It was alleged that upon search, the appellants were found in possession of Opium, the weight of which was 2 kg and 1.500 kg. Which was found in possession of appellant No. 1 Ramchandra and was found in possession of appellant No. 2 Udayram. It was alleged that the seized contraband were sent for examination to Forensic Science Laboratory (in short F.S.L). After receipt of the report that the contraband was Opium and the appellants has committed offence under the provisions of N.D.P.S. Act, hence challan was filed. After framing of the charges and recording of the evidence the appellants were sentenced for a period of four years with a fine of Rs. 5,000/- each.

(3.) Learned counsel for the appellants submit that the appellants are not challenging the findings which were recorded by the Trial Court and the sentence of four years as awarded by the learned Trial Court. Learned counsel submits that the learned Court below has further directed the appellants to deposit fine of Rs. 5,000/- each, failing which the appellants shall undergo further jail sentence of one year. The only prayer is for reduction of the fine of Rs. 5,000/-. It is alleged that the appellants are in jail since 14.05.2004. The appellants are having no source of income. Father of the appellant No. 1 is death bad. Learned counsel submits that the jail sentence of the appellants was suspended by the learned Court below during the pendency of the trial. Total jail sentence which has been completed by the appellants is three years 11 months. Appellants have no means to deposit the fine amount.