Back
VIMAL K. VYAS
State Of Gujarat – Appellant
Versus
Rughnathram Laduji Jivaji Vishnoi (GILA) – Respondent
JUDGMENT :
VIMAL K. VYAS, J.
1. This enhancement appeal is being filed by the State under Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the judgment and order of conviction and sentence dated 09.07.2024 passed by the learned Special (NDPS) Judge and 2nd Additional Sessions Judge, Banaskantha at Deesa, in Special (NDPS) Case No.12 of 2021, whereby the learned Special Judge convicted the respondent-appellant (i.e. the original accused no.1) for the offences punishable under Sections 8(c) and 17(b) of the Narcotic Drugs and Psychotropic Substances Act, 354D(1)(i) of the Indian Penal Code, 1985, and sentenced him as under :
| Section under NDPS Act | Imprisonment | Fine Amount | In default of payment of fine |
| 8(c), 17(b) | Rigorous Imprisonment for three years | 10,000 | Simple Imprisonment for six months |
2. The case of the prosecution, in a nutshell, is as under :
The appellate court should respect the trial court's discretion in sentencing unless the sentence is manifestly inadequate or illegal.
The enhancement of sentence requires clear evidence of the offence's gravity, which was not demonstrated in this case, leading to the dismissal of the appeal.
Accused of an offence under Act shall not be released on bail during trial unless mandatory conditions provided in Section 37 are satisfied.
(1) Once accused is found to be in illegal possession of narcotic substance/drugs, if in circumstances so warranted, can be awarded sentence higher than minimum prescribed/provided under NDPS Act.(2)....
The court considered the imposition of imprisonment in default of payment of fine and referred to relevant case laws to justify the modification of the sentence.
The court affirmed the conviction under the NDPS Act, ruling that the entire weight of narcotic mixtures must be considered for determining commercial quantity, and modified the sentence from 12 to 1....
Illicit contraband – Conviction modified - Merely regulatory and more or less its compliance has also been made that does not create any dent in prosecution case, trial court was justified in convict....
The appellate court upheld the trial court's sentence as just and proper, considering the accused's age and health despite the conviction for drug possession.
The judgment establishes the importance of considering neutral substances in determining the small or commercial quantity of narcotic drugs or psychotropic substances, as well as the conversion of Di....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
