In a common judgment, the High Court of Telangana disposed of two criminal appeals under the NDPS Act. Finding no meritorious complaints regarding procedure, the Court reduced the appellants' prison terms to the periods already undergone while leaving the fines intact, citing the 18-year delay.
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.
[3251 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO
THURSDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL Nos: 437 & 789 of 2009
Criminal Aooea I No.437 of 2009
Criminal Appeal under Section 374 (2) of Criminal Procedure Code aggrieved by the Judgment dated: 04-03-2009 passed in N.D.S.C.No.23 ot 2006 on the file of the Court of the Special Judge under the N.D.P.S. Act-cum-l-Additional Sessions Judge, Adilabad.
Between:
Kridnna Takre, S/o Nathuji, Aged about 45 years, Occ:Coolie, Caste: Kapu, Rt/o Bannera Village, Amaravathi, Maharashtra State. (A-1)
.AppellanUAccused no.1
AND
The State of A.P., through the Sub-lnspector of Police, Asifabad P.S. Rep. by the Public Prosecutor, High Court of A.P., Hyderabad.
...RespondenUComplainant
Counsel for the Appellant: SRI S. SURENDER REDDY
Counsel forthe Respondent: PUBLIC PROSECUTOR
Criminal Appeal Nc 7tl9 of 2009
Criminal Appeal urrd :r Section 374 (2) ot Criminal Procedure Oc Je aggrieved by the Judgment dated: 04 0:l-2009 passed in N.D.S.C.No.23 of 200rl o I the file of the Court of the Special lulge under the N.D.P.S. Act-cum-l-Addit orral liessions Judge, Adilabad.
Between:
Smt. Shobha On prakash Yadav, W/o Omprakash, ,\ged atrout 35 years, Occ: Coolie , Rl/o Barn rra Village, Amaravathi, Maharashtra Stat r. (A-2)
.Appel anl/Accused No.2
AND
The State of A.P., lrhrough the Sub-lnspector of Police Asifabi;d P.S., Rep. by the Public Prost:cr tcr, High Court of A.P., Hyderabad.
... Respon derrUCom plainant
Counsel for the App:llant: SRI S. SURENDER REDDY
Counspl for the Resl rondent: PUBLIC PROSECUTOR J
The Court made the 'ollowing: COMMON JUDGMENT
7
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL Nos. 437 & 789 0F 2009
COMMON JUDGMENT:
Crl.A.No.437 of 2OO9 is preferred by Accused No.1 and Crl.A.No.7B9 of 2OO9 is preferred by the Accused No.2 aggrieved by the conviction recorded by the Special Judge under the NDPS Act-cum-I Additional Sessions Judge, Adilabad, for the offences punishable under Section 2o(b)(i) of the NDpS Act, 1985 for being in possession of 16 Kgs. and 13 Kgs. of ganja, respectively, and sentenced to Rigorous Imprisonment for a I ) period of two years, each and to pay a Iine of Rs. 1,000/_, each.
l:-; z-
2
3
cases against these appellants. Thcy were neither involved in any criminal cases either before the present case nor after being released on bail.
Miscellaneous applications, if any pending in this criminal
appeal, shall stand closed.
\
//TRUECOPY//
Sd/.B.S.CHIRANJEEVI JOINTREGISTRAR
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SECTIOi\iOFFICER
kam
HIGH COURI
DATED:08106t2t023
a:
l I I'\ N8
COMMON JUI)GMENT
CRLA.Nos.43'' & 789 of 2009
BOTH THE CRIMINAL APPEALS ARE PARTLY ALLOWED
3 issues framed by the court
Whether the conviction should be upheld despite alleged procedural lapses under the NDPS Act.
Whether the sentence of imprisonment can be reduced given the elapsed time since conviction.
What modification of the sentence is appropriate in this long-pending appeal.
2 provisions across 2 enactments
Kridnna Takre
Smt. Shobha On prakash Yadav
The State of A.P.
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
