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PREM NARAYAN SINGH
Nasruddin – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
1. With consent, the matter is heard finally.
2. This criminal appeal is preferred under section 374 of Code of Criminal Procedure, 1973 by the appellant being aggrieved by judgment dated 30.4.2024 passed by Special Judge (under NDPS Act), Indore District Indore (MP) in Special Sessions Trial No.700014 of 2016 whereby the appellant has been convicted for offence punishable under section 8 (c) read with Section 20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as the Act) and sentenced to undergo three years rigorous imprisonment with fine of Rs.10,000/- along with default stipulation.
3. As per the prosecution story, on 3.4.2016 the concerning police has received a secret information regarding contraband article and after that concerning police took action on the information received and they reached on the spot and caught the appellant as well as another co-accused Anar Ji S/o Bapu Patel and there is a total recovery of 9 kilogram of ganja from their possession and police arrested the appellant and co-accused.
4. The learned trial Court, after considering the evidence and material available on record has convicted the appellant
Sentence can be reduced where there is no criminal record/antecedents of accused.
The court may consider reducing the sentence for non-commercial quantities of contraband and absence of criminal antecedents.
Court confirmed conviction under NDPS Act but modified sentence to time already served due to the appellant's age and lack of prior offenses.
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.
The main legal point established in the judgment is the application of the principles of proportionality in sentencing under Section 20 of the NDPS Act, considering the nature of the offense, the con....
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