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2025 DAILYLAW 8484 (JHR)

GORAKH PASWAN v. THE STATE OF JHARKHAND

Cr.A(SJ)/444/2025 · 2025-07-22

Gautam Kumar Choudhary

Criminal Appealbody2025

Judgment text

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2025:JHHC:20081 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No.444 of 2025 ------ Gorakh Paswan, son of Late Jagat Ram, resident of Village Tandwa, P.O., P.S. & District Garhwa .... .... …. Appellant Versus The State of Jharkhand .... .... .... Respondent CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellant : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P. ------ Order No.05 Dated : 22.07.2025 Instant criminal appeal has been filed against the judgment of conviction and sentenced passed in N.D.P.S. Case No.06/2023 arising out of Garhwa P.S. Case No.440 of 2023 passed by learned Sessions Judge, Garhwa whereby and whereunder the appellant has been convicted and sentenced to undergo R.I. for one year along with fine of Rs.5000/- under Section 20(b)(ii)(A) of the N.D.P.S. Act and in default of payment of fine further sentence of two months. 2. Learned counsel confines his argument on the point of sentence. It is submitted that out of one year of sentence, he has already undergone seven months imprisonment and since the seizure involves small quantity, therefore, he may be sentenced to the period already undergone. 3. Learned counsel on behalf of State does not dispute the factual assertions made on behalf of the appellant. 4. Considering the age, antecedent and over all facts and circumstance of the case, the appellant is sentenced to the period already undergone. Criminal Appeal is disposed of. I.A. No.6316 of 2025 stands disposed of. (Gautam Kumar Choudhary, J.) Anit