The court has discretion to reduce sentences for non-commercial quantities of narcotics based on time served and mitigating circumstances.

Judgement

With consent of the parties, heard finally.

1. I.A. No.16366/2024, an application for condonation of delay of 21 days is allowed and disposed of by condoning the delay in filing the appeal.

2. At the outset, counsel for the appellant prays for withdrawal of I.A. No.16367/2024, an application for suspension of jail sentence and prays for final disposal of the appeal at motion stage.

3. Prayer is allowed and application is dismissed as withdrawn and the appeal is heard finally at motion stage.

4. This criminal appeal is preferred under section 374 of Cr.P.C. by the appellant being disgruntled by the judgment dated 04.07.2024, passed by learned Special Judge (NDPS Act), District Barwani (M.P.) in S.T,

No.08/2022, whereby the appellant has been convicted for the offence punishable under Section 8(c)/20(b)(ii)(b) of NDPS Act and sentenced to NEUTRAL CITATION NO. 2024:MPHC-IND:36916 undergo 04 years R.I. with fine of Rs.10,000/- with default stipulation.

5. As per the prosecution story. on 21.08.2022, the police has received CRA-11191-2024 a discreet information that one person is transporting some contraband on motorcycle. Based on the said information, the police has intercepted a vehicle CD Delux MP.-46-MD-1009 at in front of Mid-Way Hotel at AB Road. After seeing the police, the accused tried to fled away from the spot. The police caught the accused and on being searched, 05KG of ganja was recovered from his possession. Thereafter, the police registered the FIR against the appellant.

6. The learned trial Court, after considering the evidence and material available on record has convicted the appellant, as stated above in para No.1.

7. The appellant has preferred this criminal appeal on several grounds but during the course of arguments, learned counsel for the appellant did not press this appeal on merits and did not assail the findings of conviction part of the judgment. He confines his arguments on the point of sentence. Counsel for the appellant submits that the appellant has suffered approximately 09 months of his incarceration out of the sentence so awarded by learned trial Court. The appellant is having regard to all circumstances which resulted in appellant's conviction and further keeping in view the fact that the appellant was facing the trial before the concerned Court for more than 03 years, therefore, he prayed that the appeal be partly allowed and the sentence awarded to the appellant be reduced to the period already undergone by enhancing the fine amount or as the Court may deems fit in the interest of justice.

NEUTRAL CITATION NO. 2024:MPHC-IND:36916

8. Learned counsel for the respondent/State has opposed the prayer. He supported the judgment and order by submitting that there is clear evidence CRA-11191-2024 against the appellant, therefore, he prays for dismissal of the appeal.

9. I have considered rival contentions of the parties and perused the record.

10. So for as the contentions on merits of the case raised in appeal memo by learned counsel for the appellant is concerned, the learned trial Court has not committed any error in appreciation of evidence available on record. Further, it is found that the Court below considered the evidence available on record and correctly found that the case of the prosecution is well supported by the witnesses and documentary testimony. The procedure was well followed by the prosecution and the witnesses of prosecution have profoundly supported the prosecution case. The trial Court has well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by the trial Court, accordingly, the same is upheld.

11. In so far as the sentence is concerned, learned counsel for the appellant has alternatively prayed only on the part of sentence and submitted that since the appellant has already suffered approximately 09 months of his incarceration and since, there is no minimum sentence prescribed, he may be released only with the underg