1 2025:CGHC:13202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 543 of 20 07 • Rajnarayan S/o Gaya Prasad Jaiswal aged about 40 years, R/o Village – Lakhwar, Police Station – Janeh, District – Rewa (M.P.). At present R/o of Bhuiyapara, Police Station – Lakhanpur, District – Sarguja, Chhattisgarh. ... Appellant versus • State of Chhattisgarh, Through: District – Magistrate – Sarguja, District – Sarguja, Chhattisgarh. ... Respondent For Appellant : Mr. Nikhil Wadhwani, Advocate on behalf of Ms. Indira Tripathi, Adv. For Respondent/State : Mr. H.A.P.S. Bhatia, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 19 /0 3 /202 5 1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 30.06.2007 passed by the learned Special Sessions Judge under SC & ST (Prevention of Atrocities) Act, 1989/Additional Sessions Judge, Sessions Division Sarguja at Ambikapur (C.G.), in Special Criminal Case No. 01/2007 whereby the learned Special Judge has convicted and sentenced the appellant Digitally signed by HEERA LAL SAHU Date: 2025.03.21 10:37:36 +0530 2 as under : Conviction Sentence U/s 20(b)(ii) (B) of N.D.P.S. Act R.I. for 2 years with fine of Rs. 5,000/- and in default of payment of fine amount additional R.I. for 4 months. 2. Brief facts of the case are that on 15.12.2006, Sapan Choudhary (PW-6), Police Inspector of Lakhapur received secret information from the informer that the appellant possessed some contraband article i.e. Ganja and trying to sell the same. On the basis of the said information after giving information to the superintendent of police went to the spot and informed the appellant about the informer’s information. After due procedure, searched and seized 3 kg contraband i.e. Ganja from the possession of the appellant. After completion of investigation charge sheet was filed against the appellant. 3. So as to hold the accused/appellant guilty, the prosecution has examined as many as 8 witnesses and exhibited 36 documents. The statement of the accused/appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case. 4. After hearing the parties, vide impugned judgment of conviction and order of sentence dated 30.06.2007, learned Special Judge has convicted and sentenced the accused/appellant as mentioned in para-1 of this judgment. Hence, the present appeal. 5. Learned counsel for the appellant submits that he is not pressing the appeal so far as it relates to the conviction part of the judgment and would confine his argument to the 3 sentence part thereof only. According to him, the incident is said to have taken place in the year 2006, and thereby more than 18 years have rolled by since then. The appellant is aged about 58 years and he has already remained in jail for about 7 months and 21 days, and no useful purpose would be served in again sending him to jail, therefore, in the interest of justice, it would be appropriate if the sentence imposed upon him may be reduced to the period already undergone by him. 6. Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the appellant. 7. Heard learned counsel for the parties and perused the material on record including the impugned judgment. 8. Having gone through the material on record and the evidence of the witnesses Dilbodhan Singh (PW-2), Sanjay Pandey (PW-3), Anil Kumar Gupta (PW-4), Upendra Kumar Dubey (PW-5), Sapan Choudhary (PW-6), Rambraksh Jagte (PW-7 and Etwa Marshal (PW-8), establish the involvement of the accused/appellant in the crime in question beyond reasonable doubt. Thus, considering the oral and documentary evidence on record the seizure of Contraband Ganja from the possession of the accused/appellant which was subsequently found to be Ganja as per FSL report vide Ex. P-36. This Court does not see any illegality in the findings recorded by the trial Court as regards conviction of the appellant under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act. 9. In the instant case, the appellant has already remained in jail for about 7 months and 21 days, considering the facts and circumstances of the case and also considering the fact that the offence was committed in the year 2006 i.e. about 4 more than 18 years ago and at present the appellant is aged about 58 years and he has no criminal antecedent, this court is of the opinion that the ends of justice would be served if he is sentenced to the period already undergone by him while keeping the fine amount with default stipulation as imposed by the Trial Court intact. 10. In the result the appeal is allowed in part. While maintaining the conviction of the appellant under Section 20(b)(ii)(B) of NDPS Act, his jail sentence is reduced to the period already undergone by him i.e. 7 months and 21 days instead of R.I. for 02 years. However, the fine imposed upon the appellant by the Trial Court shall remain intact. 11. The appellant is on bail. His bail bonds shall continue for a further period of 6 months as per requirement of Section 437-A of the Cr.P.C. 12. Record of the trial Court along with copy of this judgment be sent forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) JUDGE H.L. Sahu