1 2025:CGHC:11147 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 408 of 20 11 1. Ilamma W/o Ilaaiya aged about 35 years, R/o Village Trimalagiri, P.S. Regunda, District – Warangal (Andhra Pradesh). 2. Shanta Yadav W/o Ravi Yadav aged about 30 years, R/o Village Trimalagiri, P.S. Regunda, District – Warangal (Andhra Pradesh). ... Appellants versus • State of Chhattisgarh, Through: the District Magistrate, Raipur, Chhattisgarh. ... Respondent For Appellants : Mr. Shailendra Dubey, Adv. For Respondent/State : Mr. H.A.P.S. Bhatia, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 06 /0 3 /202 5 1. Pursuant to the order of this Court dated 06.02.2025, the appellants are present in person before this Court. Their presence be marked. 2. The present appeal arises out of the impugned judgment of conviction and order of sentence dated Digitally signed by HEERA LAL SAHU Date: 2025.03.11 17:15:36 +0530 2 07.05.2011 passed by the learned Special Judge, N.D.P.S., Raipur (C.G.), in Special Criminal Case No. 39/2010 whereby the learned Special Judge has convicted and sentenced the appellants as under : Conviction Sentence U/s 20(b)(ii) (B) of N.D.P.S. Act, 1985 R.I. for 3 years with fine of Rs. 25,000/- and in default of payment of fine amount additional R.I. for 1 year. 3. Brief facts of the case are that on 14.11.2010, Investigating Officer/In-charge of Police Station, Ganj, Raipur, Kumari Chandrakar (PW-5) received secret information that two unknown ladies carrying contraband ganja in tow-three bags and going towards jail road. After due process, the police party proceeded to the spot and notice under Section 50 of NDPS Act was served upon the accused persons. They searched the bags kept by them in which the alleged contraband article was found, on weighing a total of 19 kg ganja were seized from the possessions of the accused persons. FIR was registered and during the investigation statements of the witnesses were recorded and the seized samples were sent to FSL for chemical examination. After completion of investigation charge sheet was filed against the appellants. 4. So as to hold the accused/appellant guilty, the prosecution has examined as many as 7 witnesses and 21 documents. The statements of the accused/appellants were also recorded under Section 3 313 of the Cr.P.C. in which they denied the circumstances appearing against them and pleaded innocence and false implication in the case. 5. After hearing the parties, vide impugned judgment of conviction and order of sentence dated 07.05.2011, learned Special Judge has convicted and sentenced the accused/appellants as mentioned in para-2 of this judgment. Hence, the present appeal. 6. Learned counsel for the appellants submits 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 2010, and thereby more than 14 years have rolled by since then. The appellants are ladies aged about 44-49 years and they have already remained in jail for about 7 months & 3 days, and no useful purpose would be served in again sending them to jail, therefore, in the interest of justice, it would be appropriate if the sentence imposed upon them may be reduced to the period already undergone by them. 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 Vijay Kumar Ratre (PW-1), Yashwant Yadav (PW-2), Intrajit Netam (PW-3), Janki 4 Sharan Maravi (PW-4), Kumari Chandrakar (PW-5), Anil Mishra (PW-6) and Naim Ali (PW-7), establish the involvement of the accused/appellants 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 /appellants which was subsequently found to be Ganja as per FSL report vide Ex. P-21. This Court does not see any illegality in the findings recorded by the trial Court as regards conviction of the appellants under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act. 10. In the instant case, the appellants have already remained in jail for about 7 months & 3 days, considering the facts and circumstances of the case and also considering the fact that the offence was committed in the year 2010 i.e. about more than 14 years ago and at present the appellants are ladies aged about 44-49 years, resident of Andhra Pradesh and as per arrest memo, they have no criminal antecedent, this court is of the opinion that the ends of justice would be served if they are sentenced to the period already undergone by them while keeping the fine amount with default stipulation as imposed by the Trial Court intact. 11. In the result the appeal is allowed in part. While maintaining the conviction of the appellants under Section 20(b)(ii)(B) of NDPS Act, their jail sentence is reduced to the period already undergone by them i.e. 7 months & 3 days instead of R.I. for 03 years. However, 5 the fine imposed upon each of the appellants by the Trial Court shall remain intact. 12. The appellants are on bail. Their 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