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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
DR NUTAN SINGH – Appellant
Versus
STATE – Respondent
Order :
1. The instant revision petition is pending before this Court since the year 2004 which arose out of the judgment of conviction dated 23.02.1999 which is relatable to an incident which took place on 17.05.1985.
2. The petitioner was convicted by the learned Magistrate after a full fledged trial for committing an offence under Section 18 (c) read with Section 27 (B), 18-A/28 of the Drugs and Cosmetics Act, 1940 and so also under Section 29 of the Rajasthan Medical Act, 1952 . He was sentenced to serve one year’s simple imprisonment with a fine of Rs.5,000/- with default clause with some lesser punishment for lesser offences vide the judgment dated 23.02.1999.
3. Aggrieved of the above, he preferred an appeal. The learned Court of Appeal made a further examination of the material and appreciated legal and factual aspects of the case and then concurred with the opinion of the learned trial Court and, thus, dismissed the appeal vide the judgment dated 10.06.2004.
4. By way of filing the instant revision petition, the petitioner made a challenge to the judgment of conviction passed by the learned trial Court and affirmed by the learned Court of Appeal. I have minutely gone through
The court affirmed the conviction for unauthorized medical practice but modified the sentence due to prolonged legal proceedings and the petitioner's age and health.
The court has the discretion to consider the time served and the circumstances of the trial in reducing the sentence under the Rajasthan Excise Act.
The conviction under the Drugs and Cosmetics Act requires proof of sale or stocking of drugs without a valid license, and procedural compliance in investigations is crucial for upholding such convict....
The court modified the sentence for possession of illicit liquor to the time already served, emphasizing the right to a speedy trial and considering the petitioner's hardships.
The court affirmed the conviction but modified the sentence of petitioners, recognizing their status as first-time offenders with no criminal antecedents and the prolonged trial duration as mitigatin....
The court may reduce a sentence based on the time already served and the circumstances of the case, even when the conviction is upheld.
The court can reduce a sentence to the time already served when considering the duration of custody and the circumstances of the case.
The court modified the sentence for a food adulteration conviction due to the petitioner's age and lengthy trial, emphasizing the right to a speedy trial.
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