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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 1085 OF 2022.

(Arising out of SLP(Crl.)No(s).3987 of 2022)

JANG BAHADUR APPELLANT(S)

VERSUS

STATE OF MADHYA PRADESH RESPONDENT(S)

O R D E R

Leave granted.

The appellant was tried and convicted under Section 8 read

with Section 20(b)(i) of the Narcotic Drugs and Psychotropic

Substances Act, 1985, by the Special Judge, Sagar in Special Case

No.87/1997 vide judgment dated 31.03.1998 and he was sentenced to

undergo R.I. for one year and fine of Rs.1,500/- (Rupees One

thousand five hundred only), with default stipulation.

What has been concurrently proved against the appellant is

that he had grown about 30 plants of cannabis (ganja) in the open

yard of his residential house. It was a small quantity. It appears

that the panch witness - Jahar Singh (PW6) had turned hostile. But

both the Courts have relied upon the testimony of police witnesses

to hold the appellant guilty.

We see no reason to take a different view as there is nothing

on record to suggest that the appellant was falsely implicated. In

these circumstances, the conviction of the appellant does not

Digitally signed by

NIRMALA NEGI

Date: 2022.08.01

17:26:32 IST

Reason:

Signature Not Verified

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warrant any interference.

As regard to the sentence, it is not in dispute that out of

one year, the appellant has already undergone the sentence of six

months and ten days. The cannabis (ganja) plants were not grown by

the appellant for any commercial purposes. He does not have any

criminal antecedent. The appellant has faced the agony of trial for

more than two decades.

Taking into consideration the totality of the circumstances,

we reduce the sentence to the extent of the period of sentence the

appellant has already undergone. However, in addition, to the

amount of Rs.1,500/-(Rupees One thousand five hundred only) imposed

by the Trial Court, the appellant shall pay the fine of Rs.10,000/-

(Rupees Ten Thousand only) within a period of three months from

today failing which he shall be required to undergo the sentence

period as awarded by the Trial Court and affirmed by the High

Court.

Accordingly, the appeal stands disposed of in the above terms.

Pending application(s), if any, shall also stand disposed of.

…………………………………………………..J

(SURYA KANT)

…………………………………………………..J

(ABHAY S. OKA)

NEW DELHI;

JULY 29, 2022.

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ITEM NO.34 COURT NO.15 SECTION II-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 3987/2022

(Arising out of impugned final judgment and order dated 12-01-2022

in CRA No. 1136/1998 passed by the High Court Of M.P Principal Seat

At Jabalpur)

JANG BAHADUR PETITIONER(S)

VERSUS

THE STATE OF MADHYA PRADESH RESPONDENT(S)

( IA No. 55451/2022 - EXEMPTION FROM FILING O.T.)

Date : 29-07-2022 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT

HON'BLE MR. JUSTICE ABHAY S. OKA

For Petitioner(s)

Mr. Rajeev Kumar Bansal, AOR

Mr. Mukul Dubey, Adv.

Mr. Abhishek Sharma, Adv.

Mr. Ganesh Barowalia, Adv.

For Respondent(s)

Mr.Sunny Choudhary AOR

Mr. Abhimanyu Singh Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is disposed of in terms of the signed order.

Pending application(s), if any, shall also stand disposed of.

(NIRMALA NEGI) (PREETHI T.C.)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)