The High Court treated a criminal appeal regarding conviction for possession of ganja. It observed the evidence was strong despite hostile witnesses. The court reduced the imprisonment sentence to the period already undergone and allowed the appeal partially.
Sentence of imprisonment reduced to the period already undergone.
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.
Note: The Petitioner/ Accused wasdirected to be released on bail by the order of the High Court dated.09-09-2010in CrlA.M.P.No.1608 of 2O1Oin Crl.A. No.'l047 of 2010.
132511
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL NO: 1047 OF 20't0
Appeal filed under Section 37 4(2) of Cr.P.C against thejudgment dated 05-03-2010 passed in N.D.S.C. No. 15 of 2008 on the file of the Court of the Special Judge for Trial of cases under the N.D.P.S. Act-cum-l Additional Sessions Judge, Adilabad
Betwoen:
Thakur Jitender @ Jithu, S/o Shivnath Singh, Aged:"l9years, Occ: Lorry Cleaner Rl/o Lakhandan Village, Shivani District of Madhya Pradesh State. (A-3)
...APPELLANT/ACCUSED NO.3
AND
The State of A.P., Through the C.l. of Police, Utnoor P.S., Adilabad District, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.
...RESPONDENT/COMPLAINANT
Counsel for the Appellant: SRI S. SURENDER REDDY
Counsel forthe Respondent: PUBLIC PROSECUTOR
The Court made the following: ORDER
HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No. 1O47 of 2O1O
ORDER:
would submit that all the independent mediators from P.Ws.S to 8 turned hostile to the prosecution case, however, it wili not have any bearing or impact on the prosecution versl0n regarding seztlre which is believable and in accordance with the NDPS Act.
5 Accordingly, the Criminal Appeal is partiy allowed and the sentence of imprisonment is reduced to the period a-lready undergone. Consequently, miscellaneous applications, if any,
pending, shall stand closed.
//TRUE COPY//
Sd/-M.VIJAYA BHASKAR JOINT REGISTRAR 4p
SECTION OFFICER
To,
HIGH COURT
DATED:0510712023
ORDER
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CRLA.No.1047 of 2010
PARTLY ALLOWING THE CRL.A
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1 issue framed by the court
Whether the sentence of imprisonment should be reduced to match the period already undergone by the appellant.
2 provisions across 2 enactments
Thakur Jitender @ Jithu
The State of A.P.
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
