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2025 DAILYLAW 36103 (CHH)

RAJESH SHARMA v. STATE OF CHHATTISGARH

CRMP/2117/2023 · 2025-09-22

Shri Ravindra Kumar Agrawal

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:48872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2117 of 2023 1 - Rajesh Sharma Son Of Karunakar Sharma, Aged About 29 Years Resident Of Village Lailunga, District - Raigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sitapur, District - Sarguja, Ambikapur, Chhattisgarh. ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Ms. Sangeeta Soni, Advocate For Respondent(s)/State : Ms. Laxmeen Kashyap, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/09/2025 1. Perused the petition and the documents annexed with the petition. The claim of the petitioner is for modification/correction of the order passed by this court dated 24.08.2023 in Criminal Appeal No. 1654 of 2023. 2. It revealed from the documents annexed with the petition that the petitioner's Criminal Appeal No. 1654 of 2023 was partly allowed vide order dated 24.08.2023 and by maintaining his conviction for the offence under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.24 18:43:25 +0530 2 Substances Act, 1985 (in short ‘NDPS Act’), his sentence was reduced for the period already undergone by him. However, the fine amount imposed upon the petitioner was affirmed. By the learned trial Court the petitioner was sentenced for R.I. for three years with fine amount of Rs. 20,000/-, in default of payment of fine, further R.I. for six months. The petitioner claimed that he is very poor and having weak financial condition, and therefore, the fine amount may be dispensed with. 3. Section 362 of Code of Criminal Procedure, 1973 (Section 403 of Bharatiya Nagarik Suraksha Sanhita, 2023) provides that once the judgment has been passed, there should be no modification/alteration by the court, which reads as under:- “362. Court not to alter judgment.—Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.” 4. Since the sentence of fine amount is a part of judgment, it cannot be modified/altered by invoking the provisions of Section 482 of CRPC. 5. Accordingly, I do not find any scope for interference in the present CRMP and the same is liable to be and hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved