Rajan Chaudhary @ Tiwari Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

Rajan Chaudhary @ Tiwari Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

Conviction upheld; both sentences reduced: NDPS Act sentence modified to period already undergone plus fine of Rs. 10,000/- (three months' imprisonment on default); Arms Act sentence modified to period already undergone plus fine of Rs. 2,000/- (15 days' imprisonment on default).

Issue for consideration

Whether the quantum of sentence imposed on the appellant (five years under the NDPS Act and three years under the Arms Act, with fines) should be reduced in view of the period of custody already undergone and the fact that this is his first offence, the conviction itself being unchallenged.

Court's answer

In view of the submissions and considering the period of custody already undergone, the appeal is partly allowed by modification in the sentence.

Ratio / Principle

The sentence under the NDPS Act (five years and fine of Rs. 40,000/-) is modified to the period already undergone and a fine of Rs. 10,000/-, with three months' further imprisonment in default of payment of fine.

Key takeaways

The sentence imposed under the Arms Act is modified to the period already undergone and a further fine of Rs. 2,000/-, with 15 days' further imprisonment in default of payment of fine.ratio¶18

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), Criminal Appeal (SJ) No.2395 of 2019, decided 24-10-2024. Appellant Rajan Chaudhary @ Tiwari, convicted by judgment dated 05.04.2019 and sentenced by order dated 18.04.2019 in S.Tr. No. 07 of 2016 (arising out of Jogapatti P.S. Case No. 279 of 2015, District West Champaran) to five years' imprisonment and a fine of Rs. 40,000/- under Section 20(b)(ii)(B) of the NDPS Act, and to three years' R.I. and a fine of Rs. 2,000/- under Section 25(1-B)a of the Arms Act, did not challenge the conviction and confined his challenge to the quantum of sentence. Counsel pointed to custody since 29.08.2015 (four years and four months already undergone) and that the appellant was not a habitual offender, this being his first offence. Considering the custody already undergone, the Court partly allowed the appeal by modifying the sentences: the NDPS Act sentence was reduced to the period already undergone with a fine of Rs. 10,000/- (three months' further imprisonment in default), and the Arms Act sentence was reduced to the period already undergone with a fine of Rs. 2,000/- (15 days' further imprisonment in default).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2395 of 2019

Arising Out of PS. Case No.-279 Year-2015 Thana- JOGAPATTI District- West Champaran

======================================================

Rajan Chaudhary @ Tiwari Son of Late Kishore Chaudhary @ Lalan Chaudhary Resident of Village - Kailash Nagar Dhumauliya, P.S.- Patkhauli, Distt - Bagha.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Umesh Chandra Verma, Advocate For the State : Mr.Abha Singh, Spl. P.P. Mr. Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

5 24-10-2024

Heard the learned counsel for the appellant and learned Spl. P.P. for the State.

The present appeal has been filed against the judgment of conviction and order of sentence dated 05.04.2019 and 18.04.2019 respectively passed in S.Tr. No. 07 of 2016 arising out of Jogapatti P.S. Case No. 279 of 2015 by which the appellant has been convicted for a period of five years under Section 20(b)(ii)(B) of the NDPS Act and a fine of Rs. 40,000/and in default of payment of fine he will have to undergo further imprisonment for a period of one year. The appellant was further sentenced to undergo R.I. for a term of three years and a fine of Rs. 2,000/- under Section 25(1-B)a of the Arms Act and in default of payment of fine, he shall further be sentenced to undergo imprisonment for a period of six months.

Learned counsel for the appellant, at the very outset, does not challenge the judgment of conviction and he

Patna High Court CR. APP (SJ) No.2395 of 2019(5) dt.24-10-2024 2/2

limits his argument only on the quantum of sentence.

Leaned counsel for the appellant submits that the appellant is in custody since 29.08.2015 and he has already undergone imprisonment for a period of four years and four months during the trial and after conviction.

It has further been submitted by the learned counsel for the appellant that the appellant is not an habitual offender and this is the first offence committed by the appellant.

In view of the aforesaid submissions and considering the period of custody already undergone, this appeal is partly allowed by modification in the sentence. The sentence under the NDPS Act for five years and fine of Rs. 40,000/- is modified to the period already undergone and a fine of Rs. 10,000/- and in case of default in payment of fine, the appellant will further undergo imprisonment for three months. As far as sentence imposed under Arms Act is concerned, the sentence is modified to period already undergone and further a fine of Rs. 2,000/-. In case of default in payment of fine, the appellant will further undergo imprisonment for 15 days.

(Sandeep Kumar, J)

P. Kumar U T