1 2025:CGHC:14629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 844 of 20 07 • Sant Lal ChelakS/o Sakharam Chelak aged about 21 years, Occupation- Painting Work, R/o Bhatgaon, Police Station – Mana Camp, Raipur, Chhattisgarh. ... Appellant versus • State of Chhattisgarh, Through: Police Station – Pakhanjur, District – Kanker, Chhattisgarh. ... Respondent For Appellant : Ms. Nirupama Bajpai, Adv. For Respondent/State : Mr. H.A.P.S. Bhatia, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 26 /0 3 /202 5 1. Pursuant to the order of this Court dated 19.02.2025, the appellant is present in person before this Court. His presence be marked. 2. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 16.08.2007 passed by the learned Special Judge (NDPS Act), North Bastar Kanker (C.G.), in Special Case No. 01/2006 whereby the learned Special Judge has convicted and sentenced the appellant as under : Digitally signed by HEERA LAL SAHU Date: 2025.03.27 13:53:30 +0530 2 Conviction Sentence U/s 20(b)(ii) (B) of N.D.P.S. Act, 1985 R.I. for 5 years with fine of Rs. 10,000/- and in default of payment of fine amount additional R.I. for 3 months. 3. Brief facts of the case are that on 08.03.2006, K.R. Karsal (PW-4), Sub-inspector of Police Station Charama, received secret information that a person was carrying contraband like ganja in a bus bearing registration No. CG-4-E-0351 was going towards Raipur. On the said information after due procedure, the bus was stopped at NH-43 and the person which was stated by the informer was identified and get down from the bus. Thereafter, complying with the due procedure, the bag of the appellant was searched and seized 9 kg of contraband like ganja. Samples were separated from the said seized contraband and deposited in the Malkhana of Charama Police Station. Thereafter, FIR was lodged against the appellant vide Ex.P-24. Sample packets of the seized contraband were sent for chemical examination to FSL and after completion of investigation charge sheet was filed against the appellant. 4. So as to hold the accused/appellant guilty, the prosecution has examined as many as 4 witnesses and exhibited 27 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. 5. After hearing the parties, vide impugned judgment of conviction and order of sentence dated 16.08.2007, learned Special Judge has convicted and sentenced the accused/appellant as mentioned in para-2 of this 3 judgment. Hence, the present appeal. 6. 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 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 39 years and he has already remained in jail for about 1 year, 8 months and 4 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. 7. Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the appellant. 8. Heard learned counsel for the parties and perused the material on record including the impugned judgment. 9. Having gone through the material on record and the evidence of the witnesses Sukhdev Chanape (PW-3) and K.R. Karsal (PW-4), establishes 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-1. 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. 10.In the instant case, the appellant has already remained in 4 jail for about 1 year, 8 months and 4 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 more than 18 years ago and at present the appellant is aged about 39 years, 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. 11. 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. 1 year, 8 months and 4 days instead of R.I. for 5 years. However, the fine imposed upon the appellant by the Trial Court shall remain intact. 12. 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. 13. 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