Dukhiram vs State of M.P.

S.P. Khare, J.—Appellant Dukhiram has been convicted u/s 20(b)(1) of the Narcotics Drugs and Psychotropic Substances Act, 1985 and sentenced to rigorous imprisonment for two years and fine of Rs. 4,000.

The conviction of the Appellant is not seriously challenged. From the evidence of K.K. Narvade (P.W. 6) it is established that the Appellant was found in possession of 1.5. kilograms of ganja. Before the seizure of the ganja as per Ex.P. 6, the Appellant was given a notice of Ex.P. 2 apprising him of his right to be searched before the Magistrate or Gazetted Officer. The Appellant preferred to be searched by the police Sub-Inspector. The seizure witnesses have not supported the prosecution case. They have admitted their signatures in seizure memo. It is established that the Appellant was found in possession of Ganja.

It is submitted on behalf of the Appellant that he is in jail for the last 15 months. Keeping in view the quantity of the ganja that has been seized from him, this Court is of the opinion that the period of detention already undergone by the Appellant will meet ends of justice. It is further submitted on behalf of the Appellant that he is too poor to pay the fine of Rs. 4.000. Therefore no useful purpose would be served in imposing this heavy fine which cannot be recovered from the Appellant. The sentence of imprisonment is sufficient.

The appeal is partly allowed. While maintaining the conviction of the Appellant Dukhiram u/s 20(b)(1) of the Narcotics Drugs and Psychotropic Substances Act, 1985, his sentence of imprisonment is reduced to the period already undergone by him. The sentence of fine amount of Rs. 4.000 is set aside.