1 2025:CGHC:14634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 660 of 20 11 • Kaushal Chandravanshi S/o Sewaram Chandravanshi aged about 29 years, Village – Lakhanpur, Police Station – Pipariya, District – Kabirdham, Chhattisgarh. ... Appellant versus • State of Chhattisgarh, Through: Station House Officer, Police Station – Kawardha, District – Kabirdham, Chhattisgarh. ... Respondent For Appellant : Mr. Chandrikaditya Pandey, Advocate on behalf of Mr. Dharmesh Srivastava, Advocate For Respondent/State : Mr. Vivek Mishra, 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 19.03.2025, the appellant is present in person before this Court. His presence be marked. 2. Heard on I.A. No. 01/2025, application for taking documents on record. 3. Upon due consideration, the application (I.A. No. 01/2025) is allowed, and the documents are taken on record. Digitally signed by HEERA LAL SAHU Date: 2025.03.27 13:54:11 +0530 2 4. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 10.08.2011 passed by the learned Special Judge (NDPS Act), Kabirdham (Kawardha) (C.G.), in Special Case No. 160/2010 whereby the learned Special Judge has convicted and sentenced the appellant as under : Conviction Sentence U/s 20(b) of N.D.P.S. Act, 1985 R.I. for 5 years with fine of Rs. 50,000/- and in default of payment of fine amount additional R.I. for 1 year. 5. Brief facts of the case are that on 16.09.2010 at about 4:05 am, Station House Officer, Police Station – Kawardha received information from an informer that three persons were going to transport cannabis from Rabeli towards Marka. Preparing the panchnama, the station house officer with staff and witnesses went to Damar Plant Newari, where at about 6:45 am, the appellant came there on Suzuki Motorcycle, who was informed about the informer’s information and search was made, on which a total of 14.500 kg of ganja was seized from the appellant. Samples were separated from the seized contraband and sent for chemical examination to FSL, and after completion of investigation charge sheet was filed against the appellant. 6. So as to hold the accused/appellant guilty, the prosecution has examined as many as 7 witnesses and exhibited 30 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. 7. After hearing the parties, vide impugned judgment of 3 conviction and order of sentence dated 10.08.2011, learned Special Judge has convicted and sentenced the accused/appellant as mentioned in para-4 of this judgment. Hence, the present appeal. 8. 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 2010, and thereby more than 14 years have rolled by since then. The appellant is aged about 43 years and he has already remained in jail for about 2 years and 7 months; fine amount of Rs. 50,000/- has already been paid by the appellant, a receipt is filed along with affidavit to this effect, 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. 9. Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the appellant. 10. Heard learned counsel for the parties and perused the material on record including the impugned judgment. 11. Having gone through the material on record and the evidence of the witnesses Ramsharan Chandrakar (PW-4), Sukhlal Singh Dhurve (PW-5), Rashmikant Mishra (PW-6) and Vikas Kumar Tiwari, 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 4 Ex. P-30. 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) of Narcotic Drugs and Psychotropic Substances Act. 12.In the instant case, the appellant has already remained in jail for about 2 years and 7 months; fine of Rs. 50,000/- has already been deposited by the appellant which is evident from the receipt filed before this Court, 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 appellant is aged about 43 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. 13. In the result the appeal is allowed in part. While maintaining the conviction of the appellant under Section 20(b) of NDPS Act, his jail sentence is reduced to the period already undergone by him i.e. about 2 years and 7 months instead of R.I. for 5 years. However, the fine imposed upon the appellant by the Trial Court shall remain intact. 14. 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. 15. 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