2017 (3) TMI 439 - HC - Indian Laws

NDPS Act - sentences awarded to the appellant by the trial court seeked to be reduced - Held that - In the present case, the appellant is in custody since the date of his arrest i.e. 28.05.2007 and as per the letter of Superintendent, Central Jail, Udaipur dated 01.11.2014 addressed to the Government Advocate, Rajasthan High Court Jodhpur, the age of the appellant on 01.11.2014 was 74 years and up to 30.10.2014 he has served 7 years 5 months and 1 day s imprisonment, as such at present the age of the appellant is about 77 years. Learned Special Public Prosecutor is not in a position to dispute the fact that the appellant is convicted for the first time for the aforesaid offences and no other criminal case was or is pending against the appellant. Looking to the peculiar facts and circumstances of the case, this Court is of the view that the ends of justice would be met if the sentences of imprisonment of appellant awarded by the trial court for the offences punishable under Sections 8/18 and 8/25 of NDPS Act are reduced from 15 years rigorous imprisonment to minimum sentences of 10 years rigorous imprisonment for each of the offence. Consequently, this appeal is allowed in part. While maintaining the conviction of appellant - Nand Lal S/o Veni Ram recorded by the trial court for the offences punishable under Sections 8/18 and 8/25 of NDPS Act, his sentence is reduced from 15 years rigorous imprisonment to 10 years rigorous imprisonment for each of the offence. Both the sentences are ordered to run concurrently. However, the fine imposed by the trial court is maintained but the sentences in default of payment of fine are reduced from 2 years rigorous imprisonment to 3 months rigorous imprisonment for each default.

Summary

Issues:
Reduction of sentence for convicted appellant under Sections 8/18 and 8/25 of NDPS Act.

Analysis:
The appellant filed a criminal appeal under Section 374(2) Cr.P.C. challenging the judgment passed by the Sessions Judge, NDPS Cases, whereby he was convicted and sentenced to 15 years' rigorous imprisonment for offences under Sections 8/18 and 8/25 of NDPS Act. The appellant, through his counsel, did not contest the conviction but sought a reduction in the sentence to the minimum of 10 years' rigorous imprisonment for each offence. It was argued that the appellant, aged about 77 years, was a first-time offender with no other criminal cases pending against him. The appellant had been in custody since 2007 and had served a significant portion of the sentence. The counsel relied on various legal precedents to support the plea for reduced sentencing.

The Special Public Prosecutor opposed the plea, emphasizing the gravity of the offence involving a substantial quantity of opium. After hearing both parties and examining the record, the Court upheld the appellant's conviction under Sections 8/18 and 8/25 of NDPS Act. The key question before the Court was whether to reduce the sentences imposed by the trial court. The Court referred to a Supreme Court case where a similar reduction in sentence was granted to a first-time offender based on age and circumstances.

Considering the appellant's age, time served in custody, and lack of prior criminal record, the Court found merit in reducing the sentence. The Court noted that the appellant had already served a considerable portion of the original sentence and that justice would be served by reducing the rigorous imprisonment from 15 years to 10 years for each offence. The concurrent running of sentences was ordered. However, the fine imposed by the trial court was upheld, but the default imprisonment in case of non-payment was reduced from 2 years to 3 months for each default, to run consecutively.

In conclusion, the Court partially allowed the appeal, maintaining the conviction but reducing the sentence for the appellant under Sections 8/18 and 8/25 of NDPS Act from 15 years to 10 years' rigorous imprisonment for each offence, with concurrent running of sentences. The default imprisonment in case of non-payment of fine was reduced to 3 months for each default, to run consecutively.