In an appeal against an NDPS conviction and 3-year RI sentence, the High Court reduced the imprisonment to the period already undergone due to no criminal antecedents but enhanced the fine to Rs. 30,000.
Imprisonment reduced to period undergone; fine enhanced to Rs. 30,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 495 of 2002
Santosh Kumar S/o Shesh Narayan Sahu, aged about 30 years R/o Poni, P.S. Dharseeva, Distt. Raipur (C.G.).
---- Appellant
Versus
State of Chhattigarh
---- Respondent
For Appellant For Respondent
: Mr. Jai Prakash Shukla, Advocate : Mr. Amit Verma, PL
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
04/12/2019
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seized articles and sample packets in Malkhana. He obtained acknowledgement from Malkhana. Sample packets were sent for its examination. The FSL report is positive. After completion of investigation, a charge-sheet has been filed. Trial Court framed the charges. As many as 7 prosecution witnesses have been examined. No defence witness has been examined. Statement of the Appellant under Section 313 of the Cr.P.C has been recorded, wherein he has pleaded his innocence and false implication in the matter.
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and there is no criminal antecedent against him, I am of the view that the ends of justice would be met if, while upholding the conviction imposed upon the Appellant, the jail sentenced awarded to him is reduced to the period already undergone by him and the fine sentence imposed upon him under Section 20 (B)(I)-(8) of the NDPS Act is enhanced to Rs. 30,000/-. Ordered accordingly. The fine amount imposed today shall be payable within 2 months from the date of receipt of a copy of this order. In default of payment, the Appellant shall be liable to undergo RI for 6 months. If any amount towards fine has already been paid, the same shall be adjusted in the fine amount imposed/enhanced today.
Sd/- (Arvind Singh Chandel) Judge
Rahul
2 issues framed by the court
Whether the sentence under the NDPS Act should be modified considering the period already undergone and lack of criminal antecedents.
Whether the fine imposed under Section 20(B)(I)-(8) of the NDPS Act should be enhanced.
2 provisions across 2 enactments
Santosh Kumar S/o Shesh Narayan Sahu
State of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
