ORDER

This is appeal u/S.3374 of the Cr.P.C. arising out of order of conviction and sentence dated 25/1/2021 passed by Special Judge (NDPS) Neemuch, Distt. Neemuch in Special (NDPS) Case No.11/20215 whereby the appellant has been convicted u/S.8/21(b) of NDPS Act and sentenced to undergo RI for 18 months and fine of Rs.10,000/- with default stipulation. 2. As per the prosecution story on 11.05.2015 while posted as Asst. Sub Inspector K.K. Vasunia received an informant information that accused Saeed @ Saeedu came from his house with illegal contraband Smack to deliver towards smuggler. Upon the secret information the independent witness were called and conveyed the secret information to the witnesses and prepared the panchnama for the same. Thereafter along with the witnesses and the staff of P.S. Neemuch reached the spot where they saw the accused Saeed @ Saeedu. The raiding party called accused Saeed @ Saeedu and conveyed the secret information and prepared the necessary panchnama as per the NDPS Act and found 70 Gram Smack in possession of the Accused Saeed @ Saeedu, thereafter they came back at PS Neemuch Cantt and registered crime against the present appellant as crime no. 234/2015 under section 8/21 NDPS Act and investigated the crime by the investigation officer and filed the final report before the competent court. Upon trail, trail court found the appellant guilty as mention above.

3. Counsel for appellant submits that the incident is alleged to have taken place in the year 2015. The alleged quantity of contraband is non commercial quantity. Out of 18 months RI the appellant has already undergone 13 months and 10 days.

4. Counsel for State supports the impugned order of conviction and sentence, however, could not point out any criminal record of the applicant.

5. After hearing learned counsel for parties and taking into consideration that the prosecution has successfully proved its case on the basis of testimony of witnesses and, therefore, no illegality is found in the order of conviction. The conviction is maintained, however, since the quantity of alleged seized quantity of contraband is non commercial quantity and out of 18 months the applicant has already remained in jail for 13 months and 10 days and there is no criminal record, the jail sentence of the appellant is reduced to the period already undergone and the fine amount is maintained which is said to be already deposited.

6. Considering the aforesaid, the appeal is partly allowed. If the fine amount is already deposited, the bail bond of the appellant shall be discharged by the trial court.

(VIJAY KUMAR SHUKLA) JUDGE VM Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 23-01-2024 18:40:30