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MANOJ KUMAR GARG
State of Rajasthan – Appellant
Versus
Ram Gopal – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Instant criminal appeal has been filed by the appellant-State under Section 377 Cr.P.C. against the judgment dated 25.03.2015 passed by learned Special Judge, NDPS Act, Hanumangarh, in Sessions Case No. 03/2011, whereby the learned court convicted the accused-respondent for offence under Section 8/20 of NDPS Act, but awarded inadequate/lesser sentence of 45 days RI along with fine of Rs. 8,000/- and in default of payment of fine, to further undergo one month RI.
2. Brief facts of the case are that on 02.12.2010 at about 1:30 PM, during patrolling, Shri. Sanjay Bothra, SHO, PS Hanumangarh Junction apprehended a person carrying a white gunny bag. On inquiry, the said person disclosed his name as Ramgopal (present accused-respondent). Upon search, 8 kg. 300 grms marijuana was recovered from the accused-respondent without any valid licence and permit. After following due process of law, the Police arrested the accused-respondent and registered a case against him under NDPS Act and started investigation.
3. On completion of investigation, the police filed challan against the accused-respondent. Thereafter, the charge for offence under Section 8/18 of NDPS
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 court may consider reducing the sentence for non-commercial quantities of contraband and absence of criminal antecedents.
The appellate court should respect the trial court's discretion in sentencing unless the sentence is manifestly inadequate or illegal.
Offences under NDPS Act are very serious in nature and against society at large and no discretion is to be exercised in favour of such accused who are indulged in such offences under the Act – Howeve....
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