DB Modified imprisonment in NDPS Case
JKUT (Jammu), November-15-2021-( JNF):- A Division Bench of J&K High Court comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal modified the imprisonment in NDPS.
Division Bench after hearing both the sides modified the sentence awarded by Principal Sessions Judge Udhampur to one Manjit Singh in NDPS from 12 years to 10 years.
This significant judgment has been passed in an appeal arising out of the judgment and order dated 09.05.2019 and 10.05.2019 passed by the Court of learned Principal Sessions Judge, Udhampur (hereinafter to be referred as trial Court) by virtue of which the appellant has been convicted for commission of offence punishable under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances(NDPS) Act and has been sentenced to undergo rigorous imprisonment for a period of 12 years and has also been ordered to pay a fine of Rs. 1.00 lac and further in default of payment of fine, the appellant has been ordered to undergo further imprisonment for a period of one year.
The facts of the cases is that on 16.11.2016, one docket was sent by Head Constable Pradeep Kumar to Police Station, Kud in which it was stated that he along with Constable Kamaljeet Singh, Ramesh Kumar and Jeevan Singh, was performing naka duty at National Highway Kud and during checking, at around 1300 hours, one truck bearing registration No. PB08R-9348 coming from Srinagar towards Jammu was stopped. During checking, inside the tool box of the truck, 07 plastic bags covered by tarpaulin having Poppy Straw were found.
DB after hearing both the sides observed that we have carefully gone through the judgment of the trial court. The trial court has examined and appreciated the evidence led by the prosecution in its right perspective and the appellant has not been able to convince us that the learned trial court has wrongly appreciated the evidence. In light of what has been discussed above, we have not been able take a view other than that of the trial court. As such, the conviction of the appellant is upheld.
DB further observed that the appellant must be 44 years of age by now, having family to support and the prosecution has not brought anything on record that the appellant has been earlier involved in commission of such type of offences, so we have no hesitation to hold that this is the first offence of the appellant. So taking note of the judgment of the Apex Court in Balwinder Singh v Assistant Commissioner, Customs and Central Excise5, we reduce the sentence of
the appellant from Rigorous imprisonment of 12 years to 10 years Rigorous imprisonment. The fine payable shall remain the same. The appeal is partly allowed. The impugned order of sentence passed by Sessions Judge, Udhampur in challan titled “State vs Manjeet Singh and another” bearing File No. 11/Spl. Challan arising out of FIR No. 88/2016 under sections 8/15 of the NDPS Act registered with Police Station Kud, is modified accordingly. JNF