[2025:RJ-JP:18170] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2984/2024 Chothmal S/o Devlal, Aged About 30 Years, Resident Of Tanki Pada Antah, Police Station Antah District Baran Rajasthan ( At Present Confined In Central Jail Kota) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. S.N. Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/04/2025 1. Instant criminal appeal is preferred by appellant accused Chauthmal aggrieved from judgment of conviction and sentence dated 21.11.2023 in sessions case No.52/2022 passed by learned Special Judge, NDPS Act Cases, Baran whereby appellant was convicted under Section 8/21 of NDPS Act and further sentenced to undergo rigorous imprisonment of 3 years 6 months and fine of ₹10,000/-. 2. Learned counsel for appellant while relying upon period of incarceration has submitted that appellant has already served more than 3 years 3 months 15 days as against 3 years 6 months awarded by learned trial court. He further submitted that as per prosecution, total 82.37 gm smack powder (heroine) was allegedly recovered from appellant. He further submitted that appellant is a poor person and he is not a drug peddler so his case be [2025:RJ-JP:18170] (2 of 3) [CRLAS-2984/2024] considered leniently. He also submitted that no other case was registered against appellant. He further submitted that appellant does not press the order of conviction rather he press only for reduction of sentence. He further submitted that though this appellant was on bail during trial and he has not misused liberty granted to him and his sentence is almost complete therefore the period of sentence be reduced. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he has submitted latest custody certificate. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of interception by PW-5, Rameshwar Prasad, the then Incharge of P.S. Anta, Baran, the appellant was searched and a packet containing brown powder was found. On checking, it was found that appellant is in conscious possession of 82.37 gm heroine (smack powder). After proceedings, police has registered FIR No.333/2012 under Section 8/21 of NDPS Act. After investigation, police has filed charge-sheet against present appellant and Chetan @ Mukesh. After trial, learned trial court has convicted Chauthmal under Section 8/21 of NDPS Act and Chetan under Section 8/29 of NDPS Act. The appellant was sentenced to undergo rigorous imprisonment of 3 years 6 months with fine of ₹10,000/- 6. The record indicated that accused Chetan has already served sentence and after service of sentence, nothing survives with regard to co-accused Chetan. 7. Learned counsel for appellant has not pressed conviction, therefore order of conviction is liable to be upheld. The appellant [2025:RJ-JP:18170] (3 of 3) [CRLAS-2984/2024] has already served more than 3 years 3 months and 15 days and there is no other criminal case against him, therefore, it is appropriate to reduce sentence and modify the sentence. 8. In view of discussion made hereinabove, the appeal filed against order of conviction dated 21.11.2023 in sessions case No.52/2022 passed by learned Special Judge (NDPS Act Cases), Baran is hereby dismissed but order of sentence dated 22.11.2023 is reduced and modified in following manner: “After conviction under Section 8/21 of NDPS Act, the appellant shall undergo rigorous imprisonment of period already undergone by him with fine of ₹10,000/-. In case, fine is not paid, then appellant will undergo further sentence of 15 days. The appellant is entitled for set off for a period already served by him.” 9. A copy of this order be sent to learned trial court with modification in warrant of sentence. 10. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /78