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Nand Lal S/o Veni Ram Versus Union of India through Central Narcotics Bureau, Chittorgarh

2017 (3) TMI 439 - RAJASTHAN HIGH COURT

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 o .....

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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 off .....

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has been filed on behalf of the appellant being aggrieved with the judgment dated 30.10.2010 passed by the Sessions Judge, NDPS Cases, Chittorgarh (hereinafter referred to as the trial court') in Sessions Case No.62/2007, whereby the appellant has been convicted and sentenced as under : Offences: Sentence awarded: 8/18 NDPS Act 15 years rigorous imprisonment and a fine of ₹ 1,00,000/- and in default of payment of fine, further undergo 2 years rigorous imprisonment. 8/25 NDPS Act 15 yea .....

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r the aforesaid offences be reduced to the minimum sentence of 10 years rigorous imprisonment. It is contended that the appellant is convicted for the aforesaid offences for the first time and no other criminal case was or is pending against the appellant. It is also contended that the appellant is in custody since 28.05.2007 and at present his age is about 77 years and, as such, he has already served a substantial part of sentence, out of the sentences awarded to him by the trial court. Learned .....

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t rendered in the cases of Bhagirath Ram Vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 117; Dinesh Kumar alias Daulat Ram Vs. State of Rajasthan (S.B. Criminal Appeal No.710/2004 decided on 16.03.2010) and Daulatsingh @ Gadu & Anr. Vs. State of Rajasthan (S.B. Criminal Appeal No.517/2010 decided on 10.05.2016). Per contra, learned Special Public Prosecutor has opposed the prayer made by learned counsel for the appellant and submitted that the appellant is guilty of transporting .....

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d 8/25 of NDPS Act, the said conviction of the appellant recorded by the trial court is maintained. Now, the question before this Court is whether in the facts and circumstances of this case, sentences awarded to the appellant by the trial court are liable to be reduced or not. In the case of Balwinder Singh (supra), where 175 kg. of heroin and 39 kg. of opium of foreign origin were recovered from one of the accused persons Tarlochan Singh, the Hon ble Supreme Court has ordered as under :- 4. In .....

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s punishable under Sections 18, 21, 22, 23, 25, 29 and 30 of the NDPS Act. We find no reason to interfere with the conviction and sentence entered against the appellant Tarlochan Singh and the criminal appeal stands dismissed. We are told that the appellant was convicted of this offence for the first time. The sentence imposed on him was imprisonment for a period of 14 years. Having regard to the facts and circumstances of this case, we reduce the sentence from 14 years to 10 years each for the .....

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